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(영문) 수원지방법원 2016.10.07 2016고단2654
성매매알선등행위의처벌에관한법률위반(성매매알선등)방조
Text

A defendant shall be punished by imprisonment for not more than ten months.

A certificate of one (No. 1) of the seized business account book (No. 1) and a business account book (merial book) shall be issued in 21.

Reasons

Punishment of the crime

D From May 26, 2015 to February 11, 2016, D had facilities necessary for sexual traffic with the trade name "F" from the fourth floor of the building E in the e-mail, and operated a sexual traffic business by employing female employees, and arranged sexual traffic for business purposes.

Around May 10, 2015, the Defendant: (a) arranged a contract for the transfer or acquisition of facilities of a sexual traffic business establishment between H and D with the trade name “G” on the fourth floor of the building above; (b) received KRW 1 million from D on the same day; and (c) received KRW 15 million from H around May 29, 2016; and (d) facilitate the commission of the crime, thereby aiding and abetting the act of arranging sexual traffic through D’s business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol regarding H;

1. Entry into the records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes stating the certificate of deposit transaction;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and Article 32 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 32 (2) and 55 (1) 3 of the Criminal Act for statutory mitigation;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. In light of the fact that the defendant, on the grounds of sentencing under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic on or around April 25, 2014, sentenced to a suspended sentence of 2 months on or around December 12, 2014, sentenced to a suspended sentence of 8 months, and the judgment became final and conclusive on or around December 12, 2014, again commits the instant crime of the same kind even during the suspended sentence period, and the defendant seems to have mediated transactions related to sexual traffic establishments like the instant crime for a considerable period, it is reasonable to sentence the defendant to a suspended sentence.

With respect to the term of punishment, the circumstances mentioned above shall be considered in favor of the defendant who has led to the confession of the crime, and other defendants.

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