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(영문) 인천지방법원 2017.07.21 2017고정1312
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 7, 2017, the defendant, the business owner of marina business, was the defendant, who was found to be a customer in Gyeyang-gu, Incheon, Gyeyang-gu, B, and C'C' on the Mabb on the 2017.3. 7. 20, the defendant received cash of KRW 80,000 and sent D (D, 30, female, and China) as a female employee, into the above business room No. 5, and directed the defendant to conduct similar teaching activities (Hand display) after simple conclusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Reporting on detection of sexual traffic;

1. Application of statutes on site photographs;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act does not have any record of being punished for the same kind of crime, and it appears that the present place of business is closed, and it is not good for economic conditions.

However, in order to prevent the spread of illegal sexual traffic business establishments and to establish a healthy sexual culture, it is necessary to make the sex of women commercialized and harm the sound sexual culture and good morals.

In addition, if the defendant, while operating the marina business of this case, gains from the crime of arranging sexual traffic, it should be additionally collected (Article 25 of the Act on the Punishment of Acts, such as Mediation of Commercial Sex Acts, Etc.). In this case, the defendant cannot change the punishment more disadvantageous than the above summary order because only the defendant requested formal trial against the summary order of KRW 5 million. Thus, there are circumstances where the collection of penalty for the proceeds of the crime was exempted.

Other conditions of sentencing, such as age, environment, sex, economic circumstances, etc. of defendants, shall be determined as per the order, comprehensively taking into account all the conditions of sentencing.

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