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(영문) 울산지방법원 2019.01.16 2018고단3127
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Around 01:00 on June 16, 2018, the Defendant received 1.30,000 won from a male guest on his/her name in Ulsan-gu B building and “C” operated by the Defendant of the second floor, and had his/her male finger in a sexual relationship with his/her employee D on the condition that he/she pays 80,000 won to his/her employee D.

2. On June 17, 2018, the Defendant received 130,000 won from a male guest on his/her name in the same place as that of paragraph (1) and had him/her sexual intercourse with a male grandchild on the condition that he/she pays 80,000 won to his/her employee D.

Accordingly, the defendant arranged sexual traffic for business purposes twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. A protocol concerning suspect examination of D;

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

1. Investigation reports and investigation reports (Calculation of additional collection charges);

1. Application of statutes on site photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense (generally, the occupation of a business of arranging sexual traffic and the choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (the consideration in favor of the reasons for both types);

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

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

1. The latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The basic area (six months to one year and four months) of the sentencing criteria [the scope of recommendations] and the basic area (six months to one year and four months) of the types of sexual traffic crimes subject to 19 years of age or older, including brokerage, etc. of sexual traffic;

2. 선고형의 결정 ◎ 피고인에게 유리한 정상은 다음과 같다.

There is no criminal record over fines for the accused.

Confession of and reflect on crimes.

The scale of sexual traffic business is not large (one employee) and the period of business is short.

◎ 피고인에게...

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