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(영문) 수원지방법원 2017.11.09 2017고단4079
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a commercial sex business establishment called “B” through Internet commercial sex acts advertising.

On June 1, 2017, from around June 1, 2017 to around the 15th of the same month, the Defendant sought 120,000 won from customers who reported and contacted Internet advertisements, and had them look for sexual traffic by allowing them to engage in sexual intercourse and similarity intercourses with the nationality of Thailand, which is a woman of sexual traffic in the above room, and receive 120,000 won from customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Voluntary accompanying report;

1. Investigation report (Submission of suspect data-lease agreement, etc. for officetels lease);

1. Application of the photographic Acts and subordinate statutes;

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

1. The reason for the sentencing under Article 62(1) of the Act on the Suspension of Execution (The following reasons for the sentencing) is [the scope of the recommendation] The ground for the sentencing under Article 62(1) of the Criminal Act (the circumstances favorable to the defendant among the reasons for the sentencing) / [the scope of the recommendation / the brokerage of commercial sex acts subject to 19 years or older, and commercial sex acts, etc. (1 to 3 years)] [the special aggravated person / the brokerage [the sentencing decision] by means of advertisement or high radio wave, etc. - The circumstances unfavorable to the defendant are committed by using the Internet advertisement with high radio wave, such as undermining good sexual morals. The period of the crime is relatively short. - The normal circumstances favorable to the defendant are not criminal records or suspended. - There are no criminal records for the same kind of crime or suspended sentence. - The punishment of the defendant shall be determined by considering the size, motive, age, sex, environment, etc. of the crime, etc. / The sentencing conditions stipulated in Article 51 of the Criminal Act.

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