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(영문) 광주지방법원 2017.01.25 2016고단5201
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 30, 2016, around 05:00, the Defendant lying the trade name of “D” in Gwangju Northern-gu C, and 1.30,000 won in return for sexual traffic from customers E, and had female employees receive 1.30,000 won in return for sexual traffic and had them do sexual intercourse with the said customers, thereby arranging sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. The application of police seizure records (voluntary submission) and investigation reporting statutes;

1. Article 19 (1) 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 of the Act on the Punishment of such Acts, 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. Protective observation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act;

1. Grounds for sentencing in the former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Scope of applicable sentences by law: Imprisonment for not more than three years;

2. The scope of the recommended punishment on the sentencing guidelines [the scope of the recommended punishment] shall be limited to the category 1 (the brokerage, etc. of commercial sex acts) and the basic area ( April to October) (the person subject to special sentencing) of the category 1 (the brokerage, etc. of commercial sex acts).

3. According to the decisions of sentence, the sentence shall be determined as ordered, taking into account the following circumstances, such as the defendant’s age, sex, environment, family relationship, motive and consequence of the crime, and circumstances constituting the conditions of sentencing as shown in the records.

A favorable circumstances: The defendant is led to confession, and is against himself.

In fact, sexual intercourse did not occur between female employees and customers E.

On December 19, 2016, the Defendant closed a business with a trade name “D”.

Unfavorable circumstances: Good punishment is needed because of the lack of social harm such as commercialization of sex and harm to the sound sexual culture and good morals.

The defendant is punished by a fine of three million won on November 2015, as a violation of the Act on the Punishment, etc. of Acts, such as Arranging sexual traffic, with respect to an act of arranging sexual traffic for the business at the business place of the above "D".

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