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(영문) 인천지방법원 2018.12.12 2018고단5877

성매매알선등행위의처벌에관한법률위반(성매매강요등)

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant, who was aware of his reputation, threatened the victim D (at the age of 19) who was sexually committed sexual traffic and had the victim engage in sexual traffic and received the price for sexual traffic.

On August 10, 2018, the Defendant up to 17:30 on August 17, 2018, posted a letter in which the Defendant sought a sex purchase with the Defendant’s cell phone called “E” and reported the fact that the Defendant was a victim, and provided a payment of KRW 20,000 in return for sexual intercourse with the slope G belonging to the F Team of the National Police Agency of Incheon National Police Agency, which called “E” and received KRW 200,000 in return for the sexual intercourse with the victim, and distributed the victim’s b body pictures and self-deficial images that the Defendant possessed by the victim who refused sexual traffic

In order to threaten the victim of frighten frightage into a vehicle waiting for G for sexual traffic at around 18:30 on the same day in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, H apartment 2 on the same day, but the sexual traffic did not occur due to the crackdown on G.

Accordingly, the defendant had the victim commit an act of selling sex by intimidation, but did not commit an attempted act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on dialogue between “E” and “I”

1. Relevant Articles 23 and 18 (1) 1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic, Etc., concerning facts constituting an offense, and Articles 23 and 18 (1) 1 of the same Act;

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

1. The reasons for sentencing under Article 48(1)1 of the Criminal Code for forfeiture shall not apply to attempted crimes, and the sentencing criteria shall not apply.

After becoming aware of the victim, the Defendant came to know that the victim was less than ordinary people, and that the victim was unable to refuse to accept the request, using this, the Defendant was given the photo and video of the victim.

The defendant recommended several victims to punish money by engaging in sexual traffic with other males, but the victim was not able to fully refuse to do so and did not actually have sexual intercourse. < Amended by Act No. 15010, Aug. 10, 2018>