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(영문) 의정부지방법원 2015.04.13 2014고단3180
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment 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

The Defendant is a person who actually operates a marina business with the trade name “D” in Gyeonggi-do C and the second floor.

The Defendant, at around 22:00 on June 25, 2014, received a fare of 1.40,000 won from E, who visited the said customer as a customer at the said business establishment, and provided guidance to shower facilities and a room in which the said customer is installed, and then let the said customer enter the shower facilities and scambling so that he/she may engage in commercial sex acts from around May 12, 2014, as well as arranging to conduct commercial sex acts.

6. By around 25.20 times, he received charges from many unspecified customers, and arranged them to engage in commercial sex acts with approximately KRW 6 million, thereby gaining profits.

Accordingly, the defendant committed acts of arranging sexual traffic for business purposes.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Examination protocol of the accused by prosecution;

1. Investigation report (to telephone conversations with the owner of a building and sending written notification), investigation report (to hear the identity of a suspect), and investigation report (to calculate profits earned by a suspect from committing this case);

1. Business registration certificate and real estate lease contract;

1. Application of Acts and subordinate statutes governing enforcement site photographs;

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. Article 62 (1) of the Criminal Act;

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

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Reasons for the sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the scope of recommendation] 19 years of age or older, the basic area (6 to 14 months) such as brokerage of commercial sex acts, etc. (the brokerage of commercial sex acts by giving and receiving business fees, etc.) [the decision of sentence] [the decision of sentence] 10 months of imprisonment, suspension of execution 2 years of probation, probation, community service, 80 hours of probation, the defendant does not recognize the crime and does not repeat the crime. In the case of the crime of this case, the profit gained without the lapse of the business period is not significant.

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