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(영문) 창원지방법원 진주지원 2020.06.11 2020고단340
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

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

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

Reasons

Punishment of the crime

The Defendant, from August 7, 2019 to September 4, 2019, operated a marina business with 8 marina rooms, etc. on the third floor of the building B in Jinju-si, and operated a marina business with the trade name of “C”, and paid 40,000 won per time in compensation for sexual traffic. The Defendant, who is a national female of Thailand, hired D, E, etc., and assisted the said women to engage in sexual traffic by receiving 120,000 won from an unspecified number of male customers.

Accordingly, the defendant committed commercial sex acts such as arranging commercial sex acts.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, F, G, and H;

1. The present presence of each of subparagraphs 1 through 4 of seized evidence; and

1. Application of Acts and subordinate statutes to each investigation report (Nos. 11, 12 of the evidence list);

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Selection of Imprisonment with labor concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 48 (1) 1 of the Criminal Act, the former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. The scope of the recommended punishment according to the sentencing guidelines (the determination of types) shall be limited to the sexual traffic crimes that are subject to the age of 19 years or more;

(b) The basic area that does not include a brokerage, etc. for commercial sex acts (type 2), such as brokerage, etc. for commercial sex acts, in exchange for consideration, etc. (the area of recommendation and the scope of recommended punishment) and six months to one year and four months;

2. The sentence shall be determined as ordered by comprehensively taking into account the records, such as the period in which the defendant has arranged and operated the sexual traffic, the profits gained therefrom, and the primary offender, and the various conditions of sentencing as shown in the pleadings of the case; and

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