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(영문) 창원지방법원 2019.09.27 2019고단2047
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

No one shall mediate as a business of sexual intercourse with unspecified persons in return for receiving or promising them to receive money, valuables or other property benefits.

Nevertheless, from April 2019 to June 20, 2019, the Defendant: (a) had facilities and goods such as 6 marina rooms, 10,000 won at one time from among the many unspecified male customers who found there, and (b) had 70,000 won among them paid to D (the age of 47) female employees, on condition that he/she had sexual intercourse with male customers.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Seizure records, etc.;

1. One CD-recording and on-site documentary photographs;

1. Business registration certificate;

1. Application of Acts and subordinate statutes to detect and report illegal sexual traffic establishments;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Selection of Imprisonment with labor concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. The basic area (one month to one year and four months) of the types of recommendations according to the sentencing guidelines (the scope of recommendations) and the basic area (one year and four months of imprisonment) of the types of sexual traffic crimes subject to not less than 19 years of age and the mediation, etc. of sexual traffic (the mediation, etc. of sexual traffic due to the receipt, payment, etc. of remuneration).

3. The order is based on a comprehensive consideration of various factors of sentencing, such as the period, size, profit, role, criminal records, age, character and conduct, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime.

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