logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.02.20 2019고정2856
성매매알선등행위의처벌에관한법률위반(성매매)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On October 18, 2019, the Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (sexual traffic) committed commercial sex acts by doing sexual intercourse once in return for cash 180,000 won.

2. A thief: (a) around October 18, 2019, the Defendant stolen a 180,000 won in cash, which is the price for sexual traffic that the victim was entering a cleaning room, after having engaged in a sexual intercourse with the victim D, as described in paragraph (1) at around 17:15 on October 18, 2019; and (b) as described in paragraph (1) at the victim’s location.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of suspect examination of the accused and D by the police;

1. Written statements of D;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Article 21 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 329 of the Criminal Act and the selection of each fine for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant has purchased sex and stolen the money paid as the price of sexual traffic.

However, it is advantageous to the fact that there is no criminal punishment for the defendant, and it is against the depth of the crime.

Considering the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the above circumstances, the age, character and conduct, environment, motive and consequence of the crime, the circumstances after the crime, etc., it is necessary to punish the defendant somewhat harshly.

However, in this case where the defendant applied for formal trial, a sentence of more severe punishment than that of a summary order (Article 457-2(1)) is not imposed (Article 457-2(1) of the Criminal Procedure Act). Thus, a sentence of the same kind is imposed.

arrow