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(영문) 부산지방법원동부지원 2020.10.21 2020고단1006

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From December 16, 2019 to January 26, 2020, the Defendant: (a) had approximately 70 square meters in the name of “C” from the Busan Suwon-gu B and the third floor; and (b) had two shower facilities; (c) received 100,000 won per customer (110,000 won when settling a card) in return for the similarity of each customer; and (d) had D, etc., a commercial sex offender, in his/her hand, engage in sexual intercourse against an unspecified number of customers by making them scam and ske the customer’s sexual organ.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement E and the police statement of each police officer's protocol of statement to F, on-site investigation report (Submission of suspect A card cards, submission of suspect A card cards, attachment of card sales slips on December 2019);

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Selection of Imprisonment with labor concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that no previous case exists);

1. The latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation types according to the sentencing guidelines (the determination of types) shall be limited to the sexual traffic crimes in which the age is at least 19;

(b) The basic area that does not include a brokerage, etc. for commercial sex acts (type 2), such as brokerage, etc. for commercial sex acts, in exchange for consideration, etc. (the area of recommendation and the scope of recommended punishment) and six months to one year and four months;

3. Determination of sentence: Determination of sentence as ordered, in consideration of all the circumstances that form the conditions for sentencing specified in this case, such as business period, business size, sales amount and age of the defendant, character and conduct, motive, means and consequence of the crime, circumstances after the crime was committed, criminal records, etc.;