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(영문) 수원지방법원 성남지원 2016.05.20 2016고단329
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for one year.

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

From May 2015 to August 24, 2015, the Defendant advertised the said establishment on the Internet site called “D” while operating a commercial sex acts with the trade name of “C” in Gyeonggi-gu Btel C 1929, Sung-nam-si, Gyeonggi-si, and around August 24, 2015. The Defendant received KRW 150,00 from the customers who found, and had female employees E, etc. receive KRW 150,000 from the said place, and had them take the sexual organ of customers in the said place and scam the following in order to earn profits of more than KRW 250,000 in total.

Accordingly, the defendant committed commercial sex acts such as arranging sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of each statute on photographs;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The latter part of Article 25 of the Act on the Punishment of Acts of Arranging sexual traffic;

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

1. Advertisement activities or brokerage activities using a medium with high propagation (one year to three years) in the increased area (one year) of two types (one year to three years), such as brokerage, etc. for commercial sex acts, etc., of commercial sex acts subject to the age of 19 or older, the scope of the recommended punishment according to the sentencing guidelines (the scope of the recommended punishment);

2. Sentencing factors that are disadvantageous to the determination of sentence: The heavy punishment for the crime committed by arranging sexual traffic using the highly radio-wave Internet; the sentencing factors that are favorable to the defendant who committed the crime of this case without being aware of even though the defendant was in violation of the Military Service Act; the defendant has no record of punishment for the same crime; the defendant has no record of business size, period, age, motive of crime, etc.; and the various sentencing conditions indicated in the arguments and records of this case shall be comprehensively taken into account.

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