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(영문) 수원지방법원 성남지원 2017.11.24 2017고단2317 (1)
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the owner of a commercial sex trafficking business in the name of "C" in 501 building B in Sungnam-gu, Sungnam-si.

Defendant 1 established 6 facilities, shower rooms, one toilet rooms, and one toilet, etc. in the above business establishment from February 2, 2017 to June 9, 2017, Defendant D (D, women, 38 years old) who are female employees employed in advance and received KRW 80,00 to KRW 230,00 from an unspecified number of male customers who find the above business establishment from around February 2, 2017, and had them interfere with the above customer relationship and similarity.

Accordingly, the defendant committed commercial sex acts such as arranging sexual traffic.

Summary of Evidence

1. Statement 1 of the defendant in court, and protocol concerning the interrogation of the police suspect to E;

1. A protocol concerning the examination of suspect with regard to D;

1. Application of 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 (The following favorable circumstances):

1. The community service order under Article 62-2 of the Criminal Act;

1. Article 25 of the Act on the Punishment of Acts, such as Arranging sexual traffic, [Additional Imposition Charges shall be calculated as KRW 15.3 million according to investigation reports (the page on the evidence records 81 pages)];

1. An act of arranging sexual traffic for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is an unfavorable circumstance, such as the fact that there are considerable social harm, such as by commercializing sex and impairing sound sexual culture and good morals, and that there is a criminal conviction similar to that of the defendant.

However, considering the fact that the defendant has no record of punishment exceeding the fine, the confession of the crime of this case and the attitude of reflecting it, the circumstances of Article 51 of the Criminal Act, the scope of recommended punishment in the sentencing guidelines, the scale of business and profits, etc., the punishment shall be determined as per the order.

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