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(영문) 창원지방법원 마산지원 2018.04.11 2018고단210
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A on June 9, 2017, for a crime of violation of the Act on the Punishment of Acts, such as Arrangement of Commercial Sex Acts, etc., in the Changwon District Court's Support on the Punishment of Masan, a suspended sentence of six months was sentenced to imprisonment for a period of two years, which became final and conclusive on June 17, 2017, and is currently under suspended sentence.

1. From early November 2017 to February 22, 2018, Defendant A operated a marina business with the trade name “E” on the Da2-gu Chang-si, Changwon-si, Changwon-si, and received KRW 110,00 won from male customers visiting the place, and let female employees, such as B, do sexual intercourse with male customers, thereby engaging in commercial sex acts, such as arranging sexual traffic.

2. Defendant B: (a) from February 19, 2018 to February 22, 2018, at the above “E” business establishment from around February 19, 2018 to around February 22, 2018, the Defendant provided commercial sex acts over six occasions, such as receiving KRW 110,000 for each of the sexual customers, who worked as employees and visited the said business establishment, and receiving KRW 1,100,000 for sexual intercourses each time

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to records of seizure, lists of seizure, respective investigation reports, and field photographs;

1. Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. (elective of imprisonment): Article 21(1) of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. (elective of imprisonment);

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

1. Article 62 (1) of the Criminal Act (Defendant B) of the suspended execution;

1. Article 48 (1) of the Criminal Act (Defendant A) of the Confiscation Act;

1. Grounds for sentencing after Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (Defendant A);

1. Reference to the sentencing criteria (defendant A);

(a) The scope of applicable sentences under law: Imprisonment for one month to seven years; and

(b) The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] and the scope of the recommendation [the recommended area and the recommended area] that there is no person (the two types), including the brokerage of commercial sex acts due to the business and the receipt of prices, etc. of commercial sex acts.

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