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(영문) 제주지방법원 2017.01.19 2016고단1664
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

1. On April 14, 2016, the Defendant: (a) around 00:15, around Jeju-si, equipped with five bedrooms and five shower rooms on the second floor underground of the C Building; (b) operated a shower room, and (c) allowed a customer E to receive KRW 110,000 won for commercial sex acts from the customer E who found the place to receive KRW 110,000 for commercial sex acts; and (c) provided F and sexual intercourse.

2. On July 12, 2016, the Defendant received 110,00 won from an unspecified male guest who found his/her place at the same place as the above 15th on July 12, 2016 and allowed him/her to engage in sexual intercourse with G.

Accordingly, the Defendant, from April 14, 2016 to July 12, 2016, engaged in commercial sex acts, such as arranging commercial sex acts, in the above-mentioned manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement protocol of the police with H or the police statement protocol with regard to G;

1. Investigation reports (at the time of dispatch to the scene), investigation reports (at the time of crackdown on the site);

1. A report on investigation (attaching photographs);

1. A copy of a real estate lease agreement;

1. Records of cards sales slips and transactions of prize money;

1. Application of relevant Acts and subordinate statutes on site photographs;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of the recommended punishment on the sentencing guidelines [the scope of the recommended punishment] shall be limited to the category 2 (the brokerage, etc. of commercial sex acts by business, receipt and payment of consideration, etc.) in the basic area (the period from June to April) (the period from June to April).

2. Determination of sentence shall take into account the Defendant’s age, sex, environment, method of crime, size of place of business and profit, circumstances after the commission of the crime, two sentences in similar cases, and other various sentencing conditions as shown in the argument of this case. In particular, the lower court should take into account the following circumstances into account: (a) the Defendant was equipped with five bedrooms, one shower room, etc.; and (b) CCTV and emergency passage.

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