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(영문) 의정부지방법원 2021.01.15 2020고단3652
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

B is a person who operates a sexual traffic business with the trade name "D" located in Songpa-gu C and 3, and the defendant is a person who works for the above business as an employee.

The Defendant and B conspired with the Defendant during the period from June 2019 to August 2019, employed two women engaged in sexual traffic, including “E”, at the said establishment, and employed two women engaged in sexual traffic, who were born at the place of business, including “E”. The Defendant and B, who did not know the name of the said establishment, 110,000 won in cash as the price for sexual traffic, had female employees who were born at the place of business receive 10,000 won in cash from the customers who did not know of the name of the said establishment,

Accordingly, the defendant and B conspired to arrange sexual traffic for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the Acts and subordinate statutes on digital forensic food and F compact digital forensic data;

1. Selection of imprisonment, including Article 19 (2) 1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic, Article 19 of the same Act concerning criminal facts, Article 30 of the Criminal Act, and Article 19 of the same Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of punishment by law: Imprisonment with labor for one month to seven years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of sexual traffic crimes].

(b) No brokerage, etc. of sexual traffic [Type 2] has no person [the territory of recommendation and the scope of punishment for a special sentencing] (the scope of recommendation and recommendation], there is no person who has been sentenced to imprisonment for six months to one year and four months (the grounds for suspension of execution) (the grounds for suspension of execution).

3. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years, and brokerage of commercial sex acts, etc. need to be strictly punished in order to establish a sound sexual culture and sexual morals, and even if the defendant was punished by a fine for the same kind of crime, it seems difficult to take the measures to impose a fine more than that of the crime of this case.

However, the fact that the defendant has led to the crime of this case is more than the fine.

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