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(영문) 의정부지방법원 2017.10.12 2017고단3697
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

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

Reasons

Punishment of the crime

On July 2017, the Defendant: (a) operated a business with the trade name “D” in the underground space of the building of Pyeongtaek-gun Gamna, the Defendant arranged commercial sex acts by having E, etc. drink, etc., receive KRW 100,000 from an unspecified number of customers who found the said business by installing facilities, such as four Maa-si, one lodging house, and shower rooms, and let E, etc. drink the telegraph of customers and engage in commercial sex acts.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. E statements;

1. A copy of a real estate lease agreement;

1. Application of investigation reports (Attachment of site photographs at the time of detection), and statutes on site photographs;

1. Grounds for sentencing under Article 19 (2) 1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic, Etc. for facts constituting an offense and the grounds for sentencing under Article 19 (2) 1 of the same Act;

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. That the defendant shows his attitude to recognize and reflect his mistake.

However, the defendant has been punished several times for the same crime, and the defendant has committed the crime of this case continuously at the same place during the period of suspension of execution [the case of violation of the Act on the Punishment, etc. of Acts, such as the Mediation, etc. of Commercial Sex Acts (the imprisonment of eight months, two years of suspension of execution), and the case of April 20, 2017]. Thus, the defendant has been sentenced to punishment.

The defendant's age, sex, environment, method and attitude of a crime, and circumstances before and after the crime in this case shall be determined within the scope of recommended sentencing guidelines according to the sentencing guidelines in consideration of various circumstances shown in the arguments in this case.

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