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(영문) 인천지방법원 2020.04.23 2020고단152
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant, together with B, is a person who operates a sexual traffic business establishment from June 5, 2017 to the name of "D" in the name of "D" in the Dongdong-gu C and the second floor in Goyang-si.

No person shall arrange any act of offering or promising to give or receive money, valuables or other property benefits to an unspecified person, in part of the body, such as sexual intercourse, mouth, etc., or using tools.

Nevertheless, the Defendant conspired with B, from June 5, 2017 to December 21, 2017, established four rooms at the above business establishment, employed two to four female employees, and had female employees visit the business establishment to receive 40,000 won per time from female workers as the price for sexual traffic and had them do sexual intercourse using the mouth, thereby engaging in commercial sex acts such as arranging sexual traffic.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. The partnership agreement;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Article 19 (2) 1 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., Article 30 of the Criminal Act and choice of imprisonment

1. Article 62 (1) of the Criminal Act;

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

1. Reasons for sentencing (referring to an investigation report) under the latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. The basic area that does not exist (the area of recommendations and the scope of recommendations) the scope of recommendations according to the sentencing guidelines (the determination of types), the mediation, etc. of sexual traffic (the type 2) due to the receipt, payment, etc. of business prices for sexual traffic, etc. (the scope of recommendations and recommendations): Six months to one year and four months;

2. The sentencing factors, such as the defendant's age, environment, character and conduct, motive, means and result of the crime, the circumstances after the crime, etc., shall be determined by comprehensively taking into account the sentencing factors as shown in the arguments in this case.

A favorable circumstance: The defendant.

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