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(영문) 전주지방법원 2017.03.29 2016고단2515
성매매알선등행위의처벌에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is a person who operates D’s “D” as a place of sexual traffic in the Jeonju-si Seoul Metropolitan City.

On July 2016, the Defendant employed E as the president of the so-called Han branch and paid approximately KRW 2 million monthly wage, and ordered E to arrange sexual traffic women if a customer who found his/her place wants to engage in sexual traffic, and decided E to do so as if he/she was the owner of the D when regulating the police.

On October 18, 2016, the Defendant: (a) around 22:00, and around 22:00 on October 18, 2016, the male customer found the place, and (b) caused E to receive 30,000 won of the sexual traffic from the customer; (c) contacted F, who is a woman engaged in sexual traffic, and (d) arranged sexual traffic by allowing the said customer to engage in sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the E statement part);

1. Statement made by the police with regard to F;

1. On-site photographs and lease contract;

1. Application of the Act on the Punishment of Acts and subordinate statutes concerning brokerage, etc. of sexual traffic (D);

1. Relevant legal provisions concerning facts constituting an offense and Article 19 (2) 1 of the Act on the Punishment of Acts and Subordinate Statutes, such as arranging the selective sexual traffic;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following grounds for sentencing);

1. Social 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. provides for a strict punishment for the accused who has the same criminal records as the sentencing reasons. However, considering the fact that the accused has divided his/her mistake and appears to have an intention to dispose of his/her maternity, the execution of imprisonment shall be suspended on condition of providing community service. However, the conditions for various sentencing revealed in the instant case, such as specific methods of crime, scale of business, amount of profits acquired by the accused, occupation of the accused, family and criminal records, shall be determined as ordered by taking into account.

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