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(영문) 인천지방법원 2016.05.19 2015고단8092
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 19, 2015, the defendant, at the Incheon District Court on the Incheon District, has a record of being sentenced to a fine of two million won due to a violation of the Punishment of Acts, such as brokerage, etc. of sexual traffic.

The Defendant is a person who has operated a commercial sex trafficking business in the name of "C Marina" and "D Marina" of Chinese nationality as a prisoner of war.

On August 4, 2015, the Defendant: (a) around 23:50 on August 4, 2015, from the building of the Namdong-gu Incheon Metropolitan City E; (b) from the “Cma place” operated by the Defendant located in the sixth floor 625; (c) from the police officers who visited the said business place, who visited the said business place, who received KRW 110,000 per person in return for sexual traffic; and (d) paid half thereof to women F and G; and (e) sent them into the room six and nine rooms with male customers.

From June 20, 2015 to August 12, 2015, such as allowing a person to engage in sexual intercourse, the said “C Marina site” and “D Mina site” located in the Nam-gu Incheon Metropolitan City H building 516, and female employees F, G, and I for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to G or I;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to the division of the place of business, photographs of seized articles, investigation reports (on-site visit, etc., the site photographs, summary orders and investigation reports (calculated of proceeds of crime) about approximately 9450 ancient district court in Incheon, the summary orders and investigation reports (calculated of proceeds of crime);

1. Article 19 (2) 1 and Article 25 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic, concerning facts constituting an offense, and Articles 19 (2) 1 and 25 of the same Act, and selection of imprisonment;

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

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

1. The defendant's grounds for sentencing under Article 25 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic [43,868,500 won (CMaz. 10,368,500 won (CMaz. 10,368,500 won) which deducts the share of employees engaged in sexual traffic during the period of the crime] are 13,160,550 won (i.e., 43,868,500 x 0.3) equivalent to 30% of the amount among the 10 customers according to the defendant's legal statement].

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