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(영문) 수원지방법원 평택지원 2015.01.22 2014고단1706
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 8, 2014 to September 21, 200, the Defendant engaged in the act of arranging sexual traffic by providing the shower room and five smuggling installed in the locker room, six sleeps room, one waiting room for employees, etc. at the “C” business establishment operated by the Defendant in Pyeongtaek-si B from around September 8, 2014 to September 29, 2014, and employing the female employees such as D, the Defendant agreed to have the employees and 100,000 won earned from sexual traffic, and 30,000 won divided. The Defendant engaged in the act of arranging sexual traffic by allowing the employees to engage in sexual traffic against the many unspecified multiple customers per day on an average of 12,30,000 won for the above period.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs on the spot of smuggling, red sea pictures and investigation reports (revision of the period of criminal conduct and calculation of profits from commercial sex acts);

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, Etc., even after being punished for the same kind of crime for the reason of sentencing, it is not visible that the person continues to engage in sexual traffic business without any circumstances. However, the punishment as ordered is determined by considering the following factors: (a) the confession of the crime and the fact that there is no past record of punishment exceeding the fine; (b) the confession does not repeat the same crime; and (c) the defendant's age, character and conduct, duration of the crime and criminal proceeds; and (d) the circumstances after the crime are considered.

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