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(영문) 대구지방법원 2015.04.17 2015고단566
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant, from September 12, 2014 to September 19, 2014, committed an act of arranging sexual traffic, etc. for business purposes by having many and unspecified male customers engage in sexual traffic with D and other female employees by receiving KRW 120,000 per time, and allowing them to engage in sexual traffic.

Summary of Evidence

1. Statement made by each police interrogation protocol of the accused, D, E, F, G, and H;

1. Written statements of I, J, K, L, M, and N;

1. Protocols of seizure and list of seizure, and descriptions of report on internal investigation (related to lock-up of business places, etc.);

1. Application of Acts and subordinate statutes on images of photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts and Subordinate Statutes concerning facts constituting an offense, and Article 19 (2) 1 of the Act on the Mediation, etc. of elective Sex Acts;

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act for confiscation [the scope of sentencing] Article 48 (1) 1 of the Criminal Act : One month or seven years of imprisonment [the decision of a sentence ] ] 2 types of sexual traffic crimes subject to the age of 19 or older among the sexual traffic crimes group (the act of arranging sexual traffic through the receipt and payment of business fees, etc.] : There is no reduced element: There is no reduced element : [the decision of the recommended area and the scope of sentence] no reduced element: Imprisonment for six months or one year or four months of imprisonment [the general person] : there is no positive element that there is no negative reason for the suspension of execution [the main reason for the suspension of execution]: There is no positive reason for the suspension of execution of sentence : The defendant has installed a smuggling inside the business place which is the most likely to be a sexual traffic, and the defendant has operated the sexual traffic business. It is necessary to sentence more severe punishment than a fine to the defendant in light of the fact that the sexual traffic continues is not eradicated even if it continues.

However, the period of business shall be less than eight days and the amount of profit which has been earned thereby shall not be more than the amount of profit.

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