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(영문) 청주지방법원 2015.05.28 2014고단1945
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant, at a reasonable level B and 5 level, operated 5 marina rooms and 2 shower rooms in the name of "C". On November 17, 2014, the Defendant: (a) received KRW 110,00 from a customer who was unable to find the said customer at around 03:00; (b) instructed the said customer to be a marina room; and (c) had the female employee D engage in sexual intercourse with the said customer to arrange commercial sex acts; and (d) had the female employee D engage in commercial sex acts from around July 25, 2014 to November 17, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D or E;

1. Each protocol of seizure and each list of seizure;

1. A report on investigation (calculated additional charges);

1. Application of field photographs and metrology Acts and subordinate statutes;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (generally, the point of arranging sexual traffic for business purposes) and choice of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The punishment of this case is determined by taking into account the following factors: (a) the first sentence of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic [Determination of the type]; (b) the sexual traffic crime group; (c) the sexual traffic crime subject to 19 years of age or older; and (d) the second type (the brokerage, etc. of sexual traffic by giving and receiving business fees; etc.); (c) the basic area [the scope of the recommended area] [the scope of punishment] the period of imprisonment for six months or one year and four months; (d) the amount of proceeds from the crime; and (e) the fact that the instant crime was committed despite the fact that the suspension of indictment was imposed for the same kind of crime around 2010; and (e) the nature and circumstances of the crime

[Determination of Sentence] 2 years of suspended sentence in October and 200 hours of community service;

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