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(영문) 대전지방법원 서산지원 2017.09.15 2017고단560
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person shall arrange, etc. sexual traffic for business purposes, in violation of the Act on the Punishment of Arrangement, etc. of Commercial Sex Acts;

Nevertheless, from April 10, 2017 to April 20, 2017, the Defendant, at “C” located in Western City B, from around April 10, 2017 to April 20, 200, equipped with five shower facilities to engage in sexual traffic by employing female D and E, who are born, and had four employees receive KRW 1.30,00 won per day from four customers, and had them engage in sexual traffic.

Accordingly, the defendant arranged sexual traffic for business purposes.

2. No person who violates the Immigration Control Act shall employ a person having no status of sojourn eligible for employment activities in the Republic of Korea;

Nevertheless, the Defendant employed D, E, and F as an employee from April 12, 2017 through April 25, 2017, and from April 201 to April 20:00, the Thailand nationality G as an employee from April 24, 2017 to April 20:00.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A protocol concerning the examination of each police officer in relation to D, E, F, and G;

1. Police seizure records and list of seizure;

1. Application of statutes on accusation against on-site photographs and immigration offenders;

1. Relevant Article 19 (2) 1 of the Act on the Punishment of Acts, Etc. of Arranging sexual traffic; Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act; and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

1. Article 48 (1) of the Criminal Act, the former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.;

1. The circumstances that are disadvantageous to the reasons for sentencing after Article 25 of the Act on the Punishment of Acts, such as the Mediation, etc. of Additional Collection: The period of the crime is shorter, and the circumstances that are favorable to the fact that the foreign women who cannot work are employed to commit the crime;

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