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(영문) 대전지방법원 천안지원 2018.02.06 2017고단2401

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

From March 2017 to May 29, 2017, the Defendant arranged sexual traffic by having male guests find the above business receive KRW 130,00 won per time from the male guests and engage in sexual intercourse with D, E, F, and G, which are female employees.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers in relation to H, D, E, F, and G;

1. Each photograph;

1. Police seizure records and list of seizure;

1. A real estate lease agreement and the register of business places;

1. Application of Acts and subordinate statutes to a report on investigation (Calculation of Criminal Proceeds);

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 Act on the Punishment of Acts

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Article 48(1)1 of the Criminal Act for forfeiture, and Article 25 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts;

1. Grounds for sentencing of 20,950,00 won (Defendant's profit 50,000 won x 50,000 won x 90,000 won (Defendant's profit 50,000 won x 4.170,00 won) of criminal proceeds in May 2, 200) [the scope of recommended punishment] under Article 25 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. [the scope of recommended punishment] [the person who is subject to special sentencing] has no basic area (6 months to 1 year and 4 months] [the decision of sentencing] [the suspended sentence of imprisonment with prison labor for the same type of crime, repeated records that have been sentenced to a fine, repeated violations despite the fact that there is no criminal punishment heavier than the suspended sentence, business period and size of the business, etc., and other various conditions indicated in the order of this case, shall be determined in consideration of various conditions indicated in the procedure of this case;