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(영문) 인천지방법원 부천지원 2016.03.31 2016고단27

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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 is a person who operates the "E" in the 303-Gu Seoul Metropolitan Government D Building in Bupyeong-gu.

From August 2015 to October 2, 2012 of the same year, the Defendant employed 6 room, 1 room in the atmosphere, 1 shower room, and 1 room in the shower room with the female employees F, etc. The Defendant, from around 57 to around 57 of the same year, had the female employees, who were waiting in the atmosphere, receive 100,000 won from the irregular customers who find the place and guide them at the room, let them do the act of similarity by causing circumstances, such as scam or scambling the sexual organ of the guest by hand or scam, and scambling the sexual organ of the guest. The Defendant arranged commercial sex acts by providing the female employees with money equivalent to half of the price of commercial sex acts received from the customers.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Voluntary accompanying report;

1. Application of statutes on site photographs;

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. Article 62-2 (1) of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend Courses;

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

1. Scope of punishment: Imprisonment with prison labor for one month to seven years;

2. Persons with special mitigation (one month to eight months) in the mitigated area (one month) of the two types, such as mediation, etc. of sexual traffic in which sexual traffic is at least 19 years of age and over, the scope of the punishment to be recommended, and the mediation, etc. of sexual traffic;

3. Circumstances in favor of the defendant in the decision of sentence (in a manner where the period of business operation and business operation are not long and the amount of profits is high in the way that confession, reflectness, and affirmative demands are simultaneously accepted);

It does not seem that there is no record of criminal punishment for five years after the punishment was imposed for the same crime, and unfavorable circumstances (not less than three times as the crime in this case was committed in the same manner as the crime in this case and the last crime shall be punished by imprisonment.