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(영문) 의정부지방법원 2020.07.23 2019고단4384
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 September 9, 2018 to May 30, 2019, the Defendant operated a commercial sex business establishment with the trade name “F”, which is “B officetels C, D, and E, Gyeonggi-si, Gyeonggi-si, and the Government of the Republic of Korea.” The Defendant employed eight female sexual traffic women of Russia nationality in the order of employment, and received 260,000 won from many unspecified male customers, as the price for sexual traffic, from which the Defendant received 90,000 won from 90,000 won for each course.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. The protocol of each seizure of the police statement concerning G and each seizure list;

1. Each internal investigation report (to attach a field photograph, to the advertisement of the commercial sex acts site and to the post-mark, to attach a certificate of transfer and acceptance of a foreigner), each investigation report (to attach a copy of a detailed statement of deposit transactions, and to specify business profits);

1. Application of the Acts and subordinate statutes to the contents of text messages, monthly rent contracts, mobile phone calls, and mobile phone analyses;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense and the punishment;

1. Article 62(1) of the Criminal Act (hereinafter referred to as the “Suspension of Execution”) forfeiture of a sentence under Article 48(1)1 of the Criminal Act;

1. The latter part of 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. Scope of applicable sentences under law: Imprisonment with prison labor for up to seven years;

2. The scope of recommendations according to the sentencing guidelines (the determination of types of recommendations) shall be limited to the range of recommendations (the determination of types of punishment) for the crimes of sexual traffic subject to the age of 19 or older and the mediation, etc. of sexual traffic for the crimes of sexual traffic.

3. Although the Defendant was sentenced to a suspended sentence of 8 months for the reason that he/she operated the above illegal game site for one month, he/she is able to engage in sexual traffic business that commercializes women's sex at this time.

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