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(영문) 수원지방법원 2017.07.13 2017고단2402
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The defendant is a business owner of the "E" in the sexual traffic business place in the D3th floor in eternity.

From January 2017 to March 30, 2017, the Defendant arranged sexual traffic by having four rooms and shower facilities, etc. in the above location, and having 130,000 won find out the place, and by having sexual traffic F, etc. grow up with the male sexual intercourse F, etc. in his/her hands over with the male sexual organ of sexual purchase.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement;

1. Voluntary accompanying report;

1. Copy of business registration certificate and copy of commercial lease contract (Evidence No. 5);

1. Application of Acts and subordinate statutes to field photographs (Evidence 4);

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic for facts constituting an offense, and Article 19 (2) 1 of the same Act and selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Article 25 of the Act on the Punishment of Acts such as the Mediation of Additional Collection of Commercial Sex Acts (In the prosecution, the defendant's profits earned by the defendant through the brokerage of commercial sex acts are at least 4 million won in a month, and the defendant operated for three months, and thus, the total amount of KRW 12 million is at least 12 million, and the above 4 million won is at least half and profits.

Expenses, such as taxes, etc., paid by the criminal in the course of engaging in the act, such as the brokerage of commercial sex acts, are nothing more than a method of consuming the money and valuables acquired in return for the brokerage of commercial sex acts or to justify his/her act, and thus, it is not deducted from the additionally collected amount, but also from the additionally collected amount, and the rent for the building

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act [the scope of recommendations] / [the scope of punishment / brokerage, etc. of commercial sex acts subject to 19 years of age or older, and commercial sex acts, etc. (mediation, etc. of commercial sex acts due to business, payment, etc.) and the basic area (6 months to 1 year and 4 months) / [the person who is subject to special sentencing] of the basic area, shall be sentenced to punishment and recommendation.

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