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(영문) 수원지방법원 2016.10.20 2016고단3058

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A A A shall be punished by a fine of five million won, and Defendant B shall be punished by imprisonment with prison labor for six months.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

The Defendants leased the said Officetel Nos. 821, 1218, and 1420 in Suwon-si G Officetel, and operated a commercial sex acts business establishment with the trade name of “H”.

From November 1, 2014 to March 26, 2015, Defendants conspired to arrange sexual traffic by having female employees receive 130,000 won of sexual traffic from male customers and have them sexual intercourse with male customers.

Summary of Evidence

1. Defendants’ legal statement

1. A written statement of I and J;

1. Application of statutes, such as site photographs;

1. Defendants of the relevant law on criminal facts: Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and Article 30 of the Criminal Act;

1. Defendant A who is selected to impose a fine: Defendant B who is selected to impose a fine;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B: Grounds for sentencing under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Defendant A (the scope of recommendations) chosen a fine and the sentencing criteria do not apply.

[Determination of sentence] Defendant A’s act as the president of a sexual traffic business place operated by Defendant B; Defendant A committed the instant crime as an employee of the business place; Defendant’s act is against each other; Defendant’s act without any previous conviction; Defendant’s age; Defendant’s age, character and conduct; and conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the environment.

2. Defendant B [Scope of Recommendation] The basic area (6 to 1 year and 4 months) of the type 2 (such as brokerage, etc. of commercial sex acts by giving and receiving, etc.) (6 to 1 year) and the basic area (6 to 4 months) of the sexual sex acts subject to age 19 or older shall be sentenced to the Defendant’s punishment in light of the fact that Defendant B operated a commercial sex acts establishment on the ground of Defendant A’s branch office; Defendant committed the instant crime during the period of suspended execution after having been sentenced to a suspended sentence due to the same criminal act; and Defendant committed the instant crime during the period of suspended execution.