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(영문) 수원지방법원 2015.01.14 2014고단6284
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

Punishment of the crime

At around 20:30 on October 27, 2014, the Defendant received KRW 100,000 from the police officer who found the customer by pretending him/her, and informed him/her as a smuggling, and had him/her enter as a smuggling, in order to have him/her engage in a similar sexual intercourse.

In addition, the Defendant arranged sexual traffic for business from September 29, 2014 to October 27, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police interrogation protocol of the accused;

1. Written statements of D;

1. The police seizure record and the list of seizure;

1. Each photograph;

1. Business registration certificate and real estate monthly contract;

1. Application of investigation reports to the prosecution (Calculation of profits from sexual traffic) and statutes;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., collectively, through the relevant Articles of the Acts and the choice of punishment for the crimes;

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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

1. Reasons for sentencing under the latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic [Type of Crimes] - Basic area of Type 2 [Scope of Territorial and Recommendations] - Imprisonment with prison labor for six months or more to one year and four months [general person] mitigated elements of imprisonment - No history of criminal punishment (decision of sentence] 40 hours in probation for two years of suspended execution of August 8 - The above sentencing factors and the defendant recognized their mistakes - On the other hand, it is deemed that there is a high risk of recidivism in light of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.

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