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(영문) 인천지방법원 2014.12.24 2014고단8519
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not less than six months and a fine not exceeding 5,000,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The defendant is a person who operates a commercial sex trafficking business from the Seo-gu, Incheon to the second floor.

From March 8, 2014 to October 22, 201 of the same year, the Defendant employed female employees D, E, F, G, and H, and paid 120,000 to many unspecified male customers who found the above establishment by course at KRW 70,00 for each course of study, paid 50% of the price to female employees, and assisted female employees for the business of engaging in similar intercourse with male customers, thereby allowing them to make profits of KRW 31,902,50 for the above period.

Summary of Evidence

1. Defendant's legal statement;

1. Second police interrogation protocol regarding D;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (report on the calculation of criminal proceeds);

1. The punishment of Articles 19 (2) 1 and 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, and the punishment of imprisonment and a fine concurrently;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. 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 scope of the recommended sentence for the sentencing guidelines [the scope of the recommended sentence] and the basic area (six months to one year and four months) of the types of sexual traffic crimes subject to the age of 19 or older and the mediation, etc. of sexual traffic (referring to the mediation, etc. of sexual traffic due to the receipt, payment, etc. of remuneration).

2. Determination of sentence shall be made in the same manner as the order is made, in consideration of the fact that the defendant made a confession of and reflects against the crime of this case as the first offender, the size of business and profits from the punishment of imprisonment, the age, character and conduct, environment of the defendant, the motive and circumstances leading to the crime of this case, and the circumstances after the crime, etc.

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