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(영문) 대구지방법원 2016.09.27 2016고단3410
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who violates the Immigration Control Act shall not employ a foreigner who does not have the status of sojourn eligible for employment activities, but the defendant was employed on May 8, 2016 by another person who does not have the status of sojourn eligible for employment.

2. On May 9, 2016, the Defendant violated the Act on the Punishment, etc. of Arrangement, etc. of Commercial Sex Acts (such as brokerage, etc. of commercial sex acts), including allowing the said B, who is an employee of another nationality, to have sexual intercourse with the price for commercial sex acts, by receiving KRW 100,000 from his/her name-non-merchants male customers in the influent teleel near Daegu-gu D around May

5. From November 21, 21:00 to 21:00, by receiving 100,000 to 200,000 won from many unspecified males, other than those who are female female employees, and had B and C conduct sexual intercourse.

Accordingly, the defendant has arranged sexual traffic for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against B, C, or E;

1. Protocols of seizure, list of seizure, voluntary submission, written waiver of ownership, and written consent for destruction of seized articles;

1. To file a complaint against a violator of each passport, each individual's entry or departure status (B, C), or immigration control offender, or an accusation against an immigration offender;

1. Application of investigation reports (Calculation of profits from sexual traffic) Acts and subordinate statutes;

1. Article 19 (2) 1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic (the point of arranging sexual traffic) concerning facts constituting an offense, and Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act (the point of employing persons who have not obtained status of stay);

1. Selection of each sentence of imprisonment;

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

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

1. The community service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing after Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of Additional Collection of Sex Acts;

1. The basic area of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the basic area of the sexual traffic mediation by the business (6 months from June to April).

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