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(영문) 전주지방법원 2017.05.24 2017고단557

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

Defendants shall be punished by imprisonment for six months.

However, the Defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

1. No person who intends to arrange, solicit, induce, or compel sexual traffic for business purposes;

Nevertheless, on December 12, 2016, the Defendant: (a) conspired with G on December 12, 2016, operated a leap business with the trade name “I” in the Y in the Y in the Y in the Jeonsan-gu, Jeonju-si; (b) had the J receive 80,000 won of sexual traffic from the male grandchildren who found his place and have them engage in sexual traffic; and (c) had the business of operating the said place from April 2014 to that time, and arranged sexual traffic.

2. No person who intends to provide funds, land, or buildings with sexual traffic shall be aware of the fact that such goods are provided for sexual traffic;

Nevertheless, the Defendant, as the owner of a building at the domicile specified in the above paragraph (1) around December 2016, provided a building with knowledge of the fact that A performs an act of arranging sexual traffic at the above place and leased it to receive KRW 2,200,000 per month, and provided a building with knowledge of the fact that it is provided for sexual traffic.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocols concerning the examination of suspects by the prosecution against G (including the part concerning the statement in B);

1. Written Statement;

1. Photographs;

1. Application of statutes on a certified copy of register;

1. Defendant A of the relevant criminal facts: Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts; Article 30 of the Criminal Act: Article 19 (2) 1 of the Act on the Punishment of Acts, Etc. of Arranging Sexual Traffic;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (from June to January and April) of the types of sexual traffic crimes subject to the age of 19 or older and the mediation, etc. of sexual traffic (the mediation, etc. of sexual traffic by business, giving and receiving prices, etc.) (no person subject to special sentencing];

2. The Defendants were punished for the same crime under the circumstances leading to the instant crime, the period and scale of the business, the amount of profits acquired by the Defendants, and the same crime.