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(영문) 대구지방법원 김천지원 2019.08.21 2019고단484
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant operated a massage treatment place with the trade name “D” from the old Si B, C through D.

From January 10, 2019 to March 20, 2019, the Defendant received 90,000 to 150,000 won from an unspecified number of customers as the price for sexual traffic, and let female employees feel out of the sexual organ of the customer by hand, and had them gain a total of 9,00,000 won by causing circumstances.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Scenic photographs;

1. A notice posted in the F public relations, or a real estate lease agreement;

1. Application of Acts and subordinate statutes governing the place of sale;

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. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act regarding community service order;

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 punishment by law: One to seven years of imprisonment;

2. The scope of recommendation types according to the sentencing guidelines (the determination of types) shall be limited to the sexual traffic crimes in which the age is at least 19;

(b) [Type 2] Mediation, etc. of sexual traffic by a business and a receipt of consideration, etc. (special person) - Aggravation elements: Mediation [the scope of recommending area and recommendation] by means of advertisements or a medium with high spreading, one year to 3 years [the general person] mitigation element: In cases where a short-term business or actual amount of profit is minor, serious reflect [the grounds for suspension of execution] - Major illegal grounds: Mediation of sexual traffic using a medium with high spreading advertising or propagation - Reasons for general pride: serious reflective grounds:

3. Determination of sentence: It shall also be taken into account that there was no previous conviction for eight months of imprisonment or two years of suspended sentence, and that there was no previous conviction for the last twenty years.

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