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(영문) 의정부지방법원 2018.03.20 2017고단5612
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The Defendant set up two rooms with bed in the same ducheon City C and Ma(D) 30, and operated the following sexual traffic business establishments:

From April 6, 2017 to August 8, 2017, the Defendant employed a female sex trade, such as E, at the said business establishment, and provided guidance to the guest room by receiving 70,000 won from the customer to the guest room if the customer was found, and later, arranged the sex trade by allowing the female sex trade to enter into the guest room and send it to the said guest room.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. A report on internal investigation:

1. Application of statutes on field photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic concerning facts constituting an offense and Article 19 (2) 1 of the same Act;

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. One month to seven years from imprisonment with prison labor within the applicable range of punishment by law; and

2. The scope of the recommended punishment on the sentencing guidelines [the types of decisions] the basic area [the scope of the recommended punishment] of the types 2 (the brokerage, etc. of sexual traffic by business, receipt and payment of prices, etc.] (the determination of the recommended area] of the types of sexual traffic crimes subject to the age of 19 or older, such as brokerage, etc. of sexual traffic, etc.

3. Determination of sentence of punishment in this case, and the accused’s records of the same kind of crime, etc. are not minor;

However, the defendant's attitude to see his wrong and reflect his own wrong will not repeat the crime.

There is no record of criminal punishment for the defendant within the last ten years.

In addition, the punishment shall be determined within the scope of the recommended punishment according to the sentencing criteria by comprehensively taking into account the various circumstances shown in the arguments in this case, such as the defendant's age, sex, environment, motive and background leading to the crime, and circumstances before and after the crime.

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