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(영문) 수원지방법원 성남지원 2017.04.14 2016고단3940
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

On November 15, 2016, the Defendant agreed to KRW 110,000, out of 160,000, the price for sexual traffic received from male customers, at the 1st floor coffee shop of building C B located in Seongbuk-gu, Sungnam-si, and the Defendant arranged male customers to engage in sexual traffic, and the Defendant agreed to pay KRW 160,00,000, out of the price for sexual traffic received from male customers.

On November 28, 2016, the Defendant: (a) contacted with F on the website called E, and received KRW 40,000 in return for sexual traffic (e.g., 170,000), and (b) assisted D with F to engage in sexual intercourse once with F, thereby engaging in sexual traffic; (c) as well as arranging sexual traffic, around two times the average daily amount from around November 20, 2016 to around November 28, 2016, the Defendant engaged in the conduct of arranging sexual traffic, such as arranging sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against D or F;

1. Protocols of seizure;

1. Application of Acts and subordinate statutes governing evidentiary materials;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation, etc. of Sexual Traffic under the relevant Acts concerning criminal facts and selection of a sentence of imprisonment;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The community service order under Article 62-2 of the Criminal Act;

1. Article 25 of the Act on the Punishment of Acts, such as Confiscation and Collection of Additional Dues [the amount of additional collection shall be calculated as 310,000 won [the amount excluding 30,000 won forfeited out of 40,000 won acquired through sexual traffic on November 28, 2016];

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

1. Advertisement (1 to 3 years) in the aggravated area (1 to 1 year), such as the promotion of commercial sex acts, etc. (1 to 3 years), in the form of two types (referring to brokerage, etc. of commercial sex acts due to business, receipt of prices, etc.) (1 to 1 year), in the form of the aggravated area (1 to 3 years), in applying the sentencing guidelines (the scope of the recommended punishment

2. Circumstances unfavorable to the decision of sentence: The act of arranging sexual traffic shall be commercialized into sex and shall be sound sexual culture and good;

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