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(영문) 수원지방법원 2016.03.29 2016고단119
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 operates commercial sex acts establishments in heading 824, 828, 1013, and 118 of the Suwon-si B building in Suwon-si.

On September 21, 2015, from around September 21, 2015 to September 12:14, 2015, the Defendant posted an advertisement of a commercial sex business establishment to C, which is an advertising site of an Internet commercial sex business establishment, and arranged commercial sex acts by providing guidance to the female sexual traffic D and the male sexual traffic, if the Defendant reported the advertisement and contact with the male who wants to engage in commercial sex acts, the Defendant provided sexual intercourse.

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. Each protocol of seizure and each list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (specific criminal proceeds);

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

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 48 (1) 1 and 2 of the Criminal Act to be confiscated;

1. Grounds for sentencing under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. The number of persons in the aggravated area (one year to three years) (one year to three years), advertisement activities or mediation activities using a medium with high radio wave (special aggravation) in the scope of punishment on the sentencing guidelines [the scope of punishment on recommendation] 19 years of age or older, mediation of commercial sex acts and commercial sex acts, etc. (the brokerage, etc. of commercial sex acts by business, giving and receiving compensation, etc.) 2 years of age or older;

2. Determination of sentence: (a) the Defendant recognized the Defendant’s mistake and voluntarily surrenders; (b) there are no previous convictions and criminal records exceeding the fine; (c) the period of operation of a sexual traffic business establishment is relatively short; and (d) the proceeds of the crime are not so significant; and (c) the Defendant’s age, sexual conduct, motive and consequence of the crime; and (d) the conditions of sentencing, such as the circumstances after

It is so decided as per Disposition for the above reasons.

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