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(영문) 울산지방법원 2017.07.19 2017고단1143
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 21, 2016, the Defendant: (a) installed 8 smugglings and shower facilities in the trade name “C” on the Southern-gu B and 3th floor of Ulsan-gu, Ulsan-gu; (b) installed business facilities such as employing male customers who are in similarity with male customers; and (c) arranged the act of similarity by receiving 110,000 won of sexual traffic from male customers and having D, who is a female of the Thailand, to see the sexual intercourse in the above business place on February 21, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes on seizure records;

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 (referring to the part of favorable circumstances for sentencing as follows):

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The basic area (from June to April) of the sentencing criteria [the scope of the recommended punishment] and the basic area (from June to April) of the types of sexual traffic crimes subject to 19 years of age or older, such as arranging sexual traffic, etc.

2. Based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following factors, including the defendant's age, sex, environment, and motive of crime:

A favorable normal condition: The point of confession and depth;

(i) Unfavorable circumstances: A person who has a previous record of the same kind and is not good to commit a crime;

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