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(영문) 서울북부지방법원 2016.01.28 2015고단4082
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for 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

From July 2015 to August 24, 2015, the Defendant operated a telecom with the trade name “C” in Dobong-gu Seoul Metropolitan Government, and employed D as female employees with six rooms, etc. equipped with a table table for marina in that place, and had D receive KRW 80,000 per time from male customers, and had D conduct a similar sexual intercourse by causing them to scambling the sex of the above male customers.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of statutes on field photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., concerning facts constituting an offense, and Article 19 (2) 1 of the same Act (generally, selection of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the stay of execution (affirmative considering the reason for sentencing);

1. latter part of Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of Additional Collection: Provided, That it shall be calculated based on the statutory statements favorable to the accused, which are provided for in the latter part of Article 25;

1. The criteria for sentencing for the reasons for sentencing under Article 334(1) of the Criminal Procedure Act / [type] The scope of the recommended sentence / [the scope of the recommended sentence] the basic area of the sentence / [the main sentencing elements, Defendant’s age, sex behavior, intelligence and environment, motive for the crime, details of the crime, circumstances after the crime, etc. under the decision of the sentence / [the scope of the recommended sentence] the punishment / [the scope of the recommended punishment] the main sentencing elements, Defendant’s age, sex behavior, intelligence and environment, motive for the crime, crime contents, etc. In particular, considering the positive circumstances, it is recognized that the execution of imprisonment is suspended, and thus, it does not constitute reflect, business period (a month), the confirmed profits are extremely minor, there is no criminal history for suspended execution, and sexual intercourse as of October 20, 2014.

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