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(영문) 제주지방법원 2017.11.16 2017고단1598

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to five million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From October 19, 2016, the Defendant was engaged in sexual intercourse with female employees by having four guest rooms in which the intrusion was installed and shower facilities in the “C” of the Defendant’s operation, from around Seopo City B and 2 from around October 19, 2016, and by having male customers receive 130,000 won at one time of sexual intercourse with female employees, and distributing 70,000 won among them to female employees. On April 16, 2017, the Defendant arranged sexual intercourse with D and D to receive 130,000 won in cash in return for sexual intercourse with D and 1 time of sexual intercourse with female employees.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Each internal investigation report (as to the details of crackdown and the situation at the time of entry into the scene);

1. Application of statutes on site photographs;

1. Relevant Article 19 (2) 1 and 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., and both imprisonment and fine, as well as imprisonment with prison labor, concerning facts constituting an offense;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Protection and observation, community service work, and Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is to be taken into account all the various conditions of sentencing specified in the instant argument. In particular, the following conditions are against: (a) the business of arranging sexual traffic seems to be limited; and (b) the circumstances unfavorable to the fact that there is no record of criminal punishment exceeding the fine: (c) the person re-offending a crime even after having been punished by a fine of KRW 5 million for the same kind of crime in 2015; (d) the guest room in the instant case is not less than four and the period of the crime is up to six months.