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(영문) 전주지방법원 2017.07.05 2017고단662
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall arrange, etc. sexual traffic for business purposes.

Nevertheless, the Defendant operated a sexual traffic business establishment from around December 10, 2016 to January 25, 2017, which is called "D" in the Jeonsi-gu, Jeonsi-si, Jeonsi-si, and arranged the male descendants who employed women E and F and who had them find the said business establishment to receive 80,000 won as the price for sexual traffic and to have them receive 80,000 won as a sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Each statement of E, H, I, F, and J;

1. Application of the Act on the Punishment of Acts and subordinate statutes concerning brokerage, etc. of sexual traffic (D);

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., concerning facts constituting an offense, and Article 19 (2) 1 of the same Act (generally, selection of imprisonment with prison labor);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (from June to January and April) of the types of sexual traffic crimes subject to the age of 19 or older and the mediation, etc. of sexual traffic (the mediation, etc. of sexual traffic by business, giving and receiving prices, etc.) (no person subject to special sentencing];

2. Determination of a sentence of sexual traffic does not have a significant social hazard, such as harming the sound sexual culture and good morals by commercializing women's sex, and in light of the fact that it is necessary to severely punish a business proprietor operating illegal sexual traffic establishments in order to prevent the spread of illegal sexual traffic establishments and to establish a sound sexual culture, the nature of such crimes is not somewhat.

In addition, the defendant has been punished five times for the same crime.

On the other hand, the defendant would not avoid committing such a crime against his mistake and again.

Along with the fact that the defendant suffers from a sudden pulmonary disease, chronic pulmonary disease, etc., the defendant's age, environment, criminal records, relationship with him/her, business period and size, method of crime, circumstance of crime, and circumstances after crime.

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