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(영문) 의정부지방법원 2018.08.17 2018고단1212
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

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

The defendant is a person who is engaged in the sexual traffic arranging business with the trade name of "C" with facilities such as B, 3, 7, and shower rooms, etc., in South Korea-si.

From April 2017 to November 13, 2017, the Defendant employed a female with the native nationality in the said “C” business, and received 120,000 won per 1,00 won from male customers who find the said business, as the price for sexual traffic, and made the said female with sexual intercourse with the said female with the sexual traffic, thereby engaging in the act of arranging sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on site 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 (The following circumstances considered in favor of the reasons for sentencing);

1. 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. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Application of the sentencing guidelines [the types] : sexual traffic crimes; sexual traffic crimes subject to 19 years of age or older (mediation, etc. of sexual traffic); and two types of crimes (mediation, etc. of sexual traffic by business, receipt, etc. of consideration) (the scope of recommended punishment] between six months and one year and four months;

3. Determination of sentence of imprisonment shall be made in consideration of the size and duration of the brokerage of sexual traffic in this case and the fact that the husband of the defendant seems to have run the business in this case for a considerable period of time before the crime in this case is committed.

However, in consideration of the facts leading up to the confession of the defendant, the fact that the defendant has no criminal record of the same kind, the age, criminal conduct, environment of the defendant, the motive, background, means, methods and results leading up to the crime of this case, the circumstances before and after the crime of this case, etc., the punishment shall be determined as ordered by taking into account the following factors:

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