(영문) 서울동부지방법원 2016.04.01 2015고단3644

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Reasons

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줄 간격

자간(%)

(영문) 서울동부지방법원 2016.04.01 2015고단3644

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 8, 2015, at around 22:50, the Defendant: (a) received KRW 130,00 from D, the customer, who found the place from the “C,” which is a commercial sex business establishment operated by the Defendant in Songpa-gu Seoul Metropolitan Government B5, as the price for commercial sex acts; (b) directed Defendant E, the female of commercial sex acts, into the room, and led Defendant E, who was a female of commercial sex acts, to show the sexual organ of the said D.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Copy of the police statement made to D;

1. Application of statutes on site photographs and business registration certificates;

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 Act on the Punishment of Acts

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

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

1. Grounds for sentencing after Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of Additional Collection of Sex Acts;

1. The basic area (from June to one year and four months) of the sentencing criteria [the scope of the recommended punishment] 19 years of age or older, the mediation, etc. of sexual traffic for the sexual traffic crimes subject to the age of 19 years or older, and the basic area (the mediation, etc. of sexual traffic due to the business, the receipt of prices, etc.) ;

2. Determination of sentence: (a) the business size and the operating period of the instant case; (b) the Defendant was under control of the same type of crime around June 2014; (c) the Defendant committed the instant crime at the same time; and (d) the Defendant’s age, occupation, sex, family relationship, and all of the factors of sentencing indicated in the record, such as the circumstances before and after the commission of the crime, shall be determined,

참조조문

-형법 제62조 제1항

-형법 제62조의2

유사 판례

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