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(영문) 인천지방법원 부천지원 2015.07.16 2015고단1392
성매매알선등행위의처벌에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From February 23, 2015 to March 9, 2015, the Defendant, with the trade name of “C” from the fifth floor of the Kimpo-si Kimpo-si building 5 to “C,” provided nine guest rooms, including room rooms in a smuggling room, and one waiting room for Ama-si, and arranged sexual traffic by receiving KRW 10-110,00 per capita from the above male customers to arrange sexual traffic.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The application of Acts and subordinate statutes concerning the report on seizure, the list of seizure, each internal investigation report, nine copies of field photographs, investigation report (Attachment of summary order of related cases), and the business registration certificate;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Selection of Imprisonment with labor concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Grounds for sentencing under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic [The details of calculation of a surcharge: 200,000 won = five x (100,00 won - 60,000 won)]; and

1. The scope of recommendation [determination of types] the group of sexual traffic crimes, the crime of sexual traffic subject to the age of 19 or older, and the brokerage, etc. of sexual traffic (type 2) (the scope of recommendation punishment] (the scope of recommendation punishment] shall be six months to one year and four months (basic area);

2. Determination of sentence: The defendant, on April 2014, was sentenced to a fine of five million won for the same kind of crime at the Incheon District Court's Busan District Court's Busan Branch on the same place without being aware of the fact that he had been sentenced to a fine of five million won for the same crime, and the liability for the crime is not against the law.

However, in light of the fact that the defendant is led to confession, the period of business has not yet expired, and other factors such as the motive for the crime of this case, criminal records, the character and conduct of the defendant, the circumstances after the crime are considered.

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