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(영문) 수원지방법원 2020.04.08 2019고단7425
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, from August 25, 2018 to October 26, 2019, operated a marina business with the trade name "C" on the first floor of the Suwon-si Suwon-si B, and received KRW 100,000,000 from many unspecified male customers who found the said business from the price for sexual traffic, he/she paid 50,000 won among them to female employees of sexual traffic, such as D, and provided them with sexual intercourse with the said employees, etc. by guiding them as smugglings in the said business.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. Application of Acts and subordinate statutes to reports on internal investigation (debris), reports on internal investigation (the confirmation of red sea) and reports on investigation (the reporting of criminal proceeds specified), investigation reports (the attachment of details of card sales);

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 (The following extenuating circumstances among the reasons for sentencing);

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 [the amount additionally collected: 53,500,000 won, and the ground for calculation: 428 business days (from August 25, 2018 to October 26, 2019): Average number of commercial sex acts per business day x five times per business day x 50,000 won per commercial sex acts of arranging sexual traffic ± 2 (asmuch as sales are calculated by a statement of the accused and sales have not occurred during the total number of business days) of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of the provisional payment order is based on a comprehensive consideration of the defendants’ age, occupation, character and conduct, family relationship, circumstances before and after the commission of the crime, and other conditions of the sentencing indicated in the records.

An act of arranging sexual traffic is not likely to cause a lot of social harm, such as commercialization of sex and harm to the sound sexual culture and good morals.

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