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(영문) 제주지방법원 2016.11.14 2016고단1788
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for 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

In Jeju-si, the Defendant: (a) provided shower facilities and beds for each room in six guest rooms; (b) received 130,000 won at one time from male customers who find such places; (c) provided 80,000 won at one time from female employees; and (d) provided the Defendant with distribution of 50,000 won to his/her employees on May 16, 2016; and (c) arranged for sexual intercourse with one male customer by arranging sexual intercourse with E and E, which is a female employee, on May 16, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on investigation;

1. A real estate lease contract, a business registration certificate, or a receipt (report of business closure);

1. Application of statutes on site photographs;

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 (The following extenuating circumstances among the reasons for sentencing);

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

1. The scope of recommendations on the sentencing guidelines [the scope of recommendations] shall be limited to the scope of recommendations [the scope of recommendations] 19 years of age or older, the brokerage of commercial sex acts, etc. (the brokerage, etc. of commercial sex acts due to the business, the giving and receiving of prices, etc.).

2. Determination of sentence: The Defendant’s age, character and conduct, environment, method of committing a crime, size of business and profit, circumstances after committing a crime, sentencing precedent in similar cases, and other various conditions of sentencing specified in the pleadings of this case shall be taken into account; in particular, the following circumstances shall be considered: (a) the Defendant was issued a summary order of KRW 1 million for a crime of violating the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (sexual traffic) on August 14, 2009; and (b) the Defendant had the record of being issued a summary order of KRW 1 million for a business purpose at the same place as the place of committing the instant crime.

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