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Reasons
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(영문) 인천지방법원 2014.11.27 2014고단7067
성매매알선등행위의처벌에관한법률위반(성매매알선등)
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Defendant shall be punished by imprisonment for six months and by a fine for 5,00,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

On April 20, 2014, the Defendant: (a) received KRW 110,00 from a male in the name-free statement who found the place from “C” in Gyeyang-gu, Incheon; and (b) mediated sexual traffic by allowing D, a female employee, to provide sexual intercourse with the above male guest.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each entry into the records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on site photographs of business places;

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

1. Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., imprisonment and fines concurrently;

1. Article 70 of the Criminal Act, Article 69 (2) of the Criminal Act;

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

1. Article 62-2 of the Criminal Act on community service and probation;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Sentencing guidelines [Scope of Recommendation] No basic area (4-10 months to 10 months) (special person) (excluding suspension of execution of sentence] of the types of sexual traffic crimes subject to 19 years of age or older; brokerage, etc. of sexual traffic;

2. Although the Defendant had been punished several times with the previous convictions, the period of the instant crime is short, no profit is high, his mistake is against himself, and all sentencing data appearing in the records, such as the Defendant’s age, character, conduct and environment, shall be determined as ordered by taking into account all the sentencing data that are shown in the records.

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