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(영문) 서울남부지방법원 2016.04.22 2016고단152
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 to 4 shall be confiscated.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On September 19, 2014, the Defendant was sentenced to imprisonment with prison labor for 8 months in Seoul Southern District Court for a violation of the Act on the Punishment of Acts, Including Intermediating, etc. of Commercial Sex Acts (mediation, etc. of Commercial Sex Acts), and is currently under probation for which the said judgment became final and conclusive on September 27, 2014.

【Criminal facts” in Geumcheon-gu Seoul Metropolitan Government, the Defendant, while operating a hotel with the trade name “D,” and, from November 2015 to December 15, 2015, an unspecified male guest who found the said hotel wanted to engage in sexual traffic, arranged sexual traffic for business purposes by receiving 30,000 won as the price for sexual traffic and giving out sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Seizure records;

1. Attachment of field photographs;

1. Previous conviction: Application of a inquiry letter, such as criminal history, and investigation report (the confirmation of the fact that the defendant is under probation period);

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic concerning facts constituting an offense and Article 19 (2) 1 of the same Act;

1. Grounds for sentencing under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. and Article 48 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (from June to January and April) of the types of sexual traffic crimes subject to the age of 19 or older and the mediation, etc. of sexual traffic (the mediation, etc. of sexual traffic by business, giving and receiving prices, etc.) (no person subject to special sentencing];

2. In light of the fact that the defendant was sentenced to three times a fine for the same crime, the defendant committed the crime of this case even though he was under the suspension of execution of the same crime, and the period of the crime is not shorter than that of the sentence, a sentence of imprisonment shall be imposed on the defendant.

However, considering the favorable circumstances, such as the fact that the defendant repents his mistake and reflects his depth, and that the profit gained by the crime appears to have not been much, the defendant's age, sex, motive, means and result of the crime shall be considered, and after the crime is committed.

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