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(영문) 청주지방법원 충주지원 2018.10.19 2018고단463
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

1. Defendant A shall be punished by imprisonment for a period of eight months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a business owner operating the “Eama treatment establishment” located in D in Chungcheong City, and Defendant B is a person who has overall control over the operation and management of the said establishment.

On December 1, 2017, the Defendants conspired to employ a female to engage in the sexual traffic business by employing a female to engage in the said business, and employed the said business from March 16, 2018 to employing F, G, H, etc. to find the said business place, and received 170,000 won (180,000 won when paying the card) from unspecified male customers in return for sexual traffic, and had them do the sexual intercourse or similarity with the female of sexual traffic.

As a result, Defendants conspired to act as commercial sex acts such as brokerage.

Summary of Evidence

1. Defendants’ legal statement

1. Each protocol of seizure and each list of seizure;

1. Each police statement made to I and H;

1. A protocol concerning the examination of each police suspect against J, G, or F;

1. - On-site photographs, photographs of seized articles, etc.

1. - Transaction details

1. - A copy of a bankbook and details of transactions;

1. Application of investigation reports (Calculation of profits from sexual traffic) Acts and subordinate statutes;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective Commercial Sex Acts, concerning facts constituting an offense, Article 19 (2) 1 of the Act on the Punishment of Acts, and Article 30 of the Criminal Act ( comprehensively, selection

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Confiscation and collection (Defendant A) Article 25 of the Act on the Punishment of Acts of Arranging, etc. sexual traffic;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act

1. The sentencing guidelines [Scope of the recommended punishment] 19 years of age or older, the mediation of sexual traffic, etc., and the basic area (from June to one year and four months) (referring to the mediation of sexual traffic, etc. by giving and receiving prices, etc.) of the types of Class 2 (referring to the mediation of sexual traffic, etc. by business operations, giving and receiving prices, etc.) and the scope of the compared sentencing with the recommended sentencing: Six months to four months;

2. The sentence shall be imposed, taking into account the circumstances leading up to the determination of the sentence, the scale, period, methods and means of arranging sexual traffic, the criminal records, circumstances after the crime, and other sentencing conditions;

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