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(영문) 수원지방법원 2014.12.16 2014고합410
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment with prison labor for ten months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

After renting an officetel, the Defendants had the intent to employ the women of sexual traffic and to operate a sexual traffic business establishment. Defendant B took charge of all the crimes, such as ordering the Defendant to commit the crime, and Defendant A took charge of the actual operation of the commercial sex business establishment by leasing an officetel or posting an advertisement for sexual traffic on the Internet.

Defendants employed D (n, 17 years old), E (n, 17 years old), which reported Internet job offer advertisements in April 2014, as women of sexual traffic, and ordered them to engage in sexual intercourse with their sexual purchasing in return for payment on April 17, 2014.

As a result, Defendants conspired to arrange sexual traffic for business purposes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Witnesses D and E's respective legal statements;

1. Police seizure records;

1. Application of Acts and subordinate statutes to field photographs, officetels lease contracts copies;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., and Article 30 of the Criminal Act concerning facts constituting an offense;

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

1. An order to attend a course under Article 62-2 of the Criminal Act;

1. Defendant A: Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Imprisonment with prison labor for not more than seven years in the scope of punishment by law;

2. The basic area (six months to four months) of the sentencing criteria shall apply (the scope of recommendation). The basic area (referring to the mediation, etc. of sexual traffic due to business, giving and receiving prices, etc.) of the types of sexual traffic crimes subject to the age of 19 or older.

3. The instant crime that the Defendants leased officetels and arranged commercial sex acts at the same time, which led the minors to engage in commercial sex acts by failing to verify their age while employing a female sexual traffic, and in particular, Defendant B was punished by a fine for the same kind of crime around 2013.

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