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(영문) 수원지방법원성남지원 2020.08.18 2020고단1487
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for six 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

Some of the facts charged were corrected.

No person shall arrange sexual traffic for business purposes.

Nevertheless, at around 16:00 on December 12, 2019, the Defendant: (a) reported the Internet advertisement at a commercial sex trafficking business establishment, which is operated by the Defendant located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul, about 200,00 won; (b) received KRW 70,000 as the price for sexual traffic from the customer E; and (c) had the Defendant sexual intercourse with F of the nationality of the birth state employed by the Defendant as a sex trafficking woman; and (d) had the Defendant sexual intercourse with the sex trafficking business establishment from December 1, 2019 to December 12, 2019, thereby arranging sexual traffic.

Summary of Evidence

1. Application of the defendant's statutory statement F, the short-term use contract of each police interrogation protocol of the defendant F, the field and advertisement pictures (19 pages), and the application of text messages screen pictures (22 pages of investigation records) Acts and subordinate statutes;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense and the punishment;

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 8 (1) 1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment;

1. The scope of punishment by law on the grounds of sentencing under the latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic: The scope of punishment by recommendation according to the sentencing guidelines for one to seven years shall be limited to the punishment by imprisonment for each month;

(b) Aggravation factors, such as brokerage, etc. of commercial sex acts (type 2): Intermediation [the scope of recommendation area and recommendation range] increased area, one year to three years [the grounds for suspension of execution of punishment] major illegal reasons: Commercial sex acts using a medium with high frequency of advertisement or propagation.

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