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(영문) 수원지방법원 성남지원 2020.02.06 2019고단1687
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of five million won.

However, the above imprisonment 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 an entertainment tavern under the trade name of "C entertainment tavern" in Sungnam-gu B and underground, and no person shall arrange sexual traffic for business purposes.

Nevertheless, from February 2, 2019 to June 7, 2019, the Defendant advertised commercial sex acts in the said entertainment tavern, such as “D,” which is an Internet commercial sex acts advertising site, etc., and reported it to the customers who found it, paid 20,000 won for room expenses and 300,000 won per customer, and had pre-employed female employees engage in sexual intercourse or similarity with customers in the entertainment room, thereby arranging commercial sex acts for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Each police statement made to E, F, G, and H;

1. Records of seizure and the list of seizure;

1. A criminal investigation report (time leading to the commencement of an investigation), investigation report (handling details and the situation);

1. Application of seized articles, photographs and on-site photographs Acts and subordinate statutes;

1. The concurrent punishment of imprisonment and a fine under Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense;

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. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines (the determination of types) shall be limited to the sexual traffic crimes in which the age is not less than 19;

(b) Aggravation (type 2) of brokerage, etc. for commercial sex acts due to business, receipt of consideration, etc. (the area of recommendation and the scope of recommendation), one to three years of imprisonment;

2. In light of the fact that the instant crime was committed against unspecified men by arranging sexual traffic, and that the same type of criminal records are only once, the nature and the circumstances of the crime are not absolute.

However, there is a violation of the defendant's mistake and fine.

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