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(영문) 부산지방법원 2018.10.17 2018고단3445

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From October 2017 to February 27, 2018, the Defendant operated a sexual traffic business establishment under the trade name of "C" in the name of "Btel 213 and 1701 in Busan High-gu Btel 213 and 1701, and had women, such as G (27 years of age), H (33 years of age), I (33 years of age), I (22 years of age), and I (22 years of age), who were found at the above place, receive 130,000 to 150,000 won per hour for payment from men, such as D (37 years of age), E (26 years of age), F (40 years of age), etc., who were found there.

Accordingly, the defendant committed commercial sex acts such as arranging sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

2. A report on the examination of the police officer in relation to G, D, H, E, I, or F;

3. A copy of each real estate monthly rent contract;

4. Application of each statute of photography;

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 same Act (including cases);

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

3. Protection observation order under Article 62-2 of the Criminal Act;

4. Grounds for sentencing under Article 25 (Amount to be collected by the Defendant: 2.40,00 won or more that the Defendant has obtained a minimum of 2.24,00 won for the instant crime).

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Scope of the recommended punishment according to the sentencing criteria;

(a) Determination of types: Type 2: sexual traffic crime group - sexual traffic crime subject to 19 years of age or older - sexual traffic mediation, etc.;

(b) Special sentencing factors: Intermediations using advertisements or a medium with high radio wave.

(c) Scope of recommending punishment: Imprisonment with prison labor for one year to three years.

3. Criteria for suspension of execution;

(a) Major reasons: Brokerage of commercial sex acts using advertisements or a medium with high radio waves ( negative factors);

(b) General reasons: None; and

4. The defendant who has been sentenced to punishment shall operate a commercial sex acts establishment by means of Internet advertisement, etc. for a period of up to four months using two officetelss.