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(영문) 수원지방법원 2016.09.22 2016고단4420

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall arrange commercial sex acts, such as arranging, soliciting, soliciting, or providing a place for commercial sex acts, etc., but the defendant, at around 17:30 on June 20, 2016, at the "Cmast" location operated by the defendant on the 17:30 on the 3rd floor of the Osan City B and the 3rd floor of the defendant, he/she is bound to do so in the "E calendar terminal location".

A 코스 마사지와 연애 원 샷 120분 12만 원, B 코스 마사지와 연애 투 샷 2 시간 30분 18만 원, 후장, 노 콘, 질 싸 안 됨' 이라는 내용의 성매매를 암시하는 광고 글을 올리고, 이를 보고 찾아온 불상의 남성 손님에게 성매매 대금 12만 원을 받고 여성 종업원인 성명 불상자( 가명 F) 로 하여금 성교 행위를 하게 하여 영업으로 성매매 알선 행위를 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Voluntary accompanying report;

1. Application of statutes on site photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic for facts constituting an offense, and Article 19 (2) 1 of the Act on the Punishment of Acts

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Grounds for sentencing under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. The basic area (from June to April) of the sentencing criteria shall be applied [the scope of the recommended punishment]; the brokerage, etc. of commercial sex acts subject to the age of 19 or older; and the basic area (the brokerage, etc. of commercial sex acts due to the business, the receipt of prices, etc.) of the two types;

2. The Defendant, who made a decision on the sentence, made an act of arranging sexual traffic by inserting an advertisement writing to suggest sexual traffic on a smartphone-rating app. In light of the content and method of the crime, the crime is not likely to be committed.

In addition, the fact that the defendant has a record of being sentenced to a summary order of KRW 5 million due to the same crime is disadvantageous to the defendant.

However, it shall be taken into account the fact that the defendant's mistake is recognized and reflected, and the actual acquisition profit is deemed to be insignificant, and other crimes are committed.