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(영문) 의정부지방법원 2020.02.07 2019고단3932
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

From June 6, 2019 to August 20, 2019, the Defendant operated a sexual traffic business in the name of "C" on the 5th floor of building B in Namyang-si, Nam-si, and arranged sexual traffic to unspecified customers by having them engage in sexual traffic by employing D and B, which is a woman with nationality of Thailand, and by guiding the guest who wishes to engage in sexual traffic, to a guest who is receiving 120,000 won in price, and leading them to a sexual relationship.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Written statements E, F, and D;

1. Application of field photographs and written confirmation of foreign employment Acts and subordinate statutes;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense and the Punishment of Acts of Arranging Sexual Traffic (or, collectively, the choice of imprisonment);

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

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

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic (see Examination of Suspects of Public Prosecutors);

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation types according to the sentencing guidelines (the determination of types) shall be limited to the sexual traffic crimes in which the age is at least 19;

(b) No brokerage, etc. for commercial sex acts [Type 2] has no person [the area of recommendation and the scope of recommendation punishment], the basic area of punishment, six months to one year and four months [no person who is a general person] [no reason for suspension of execution of sentence]

3. Determination of sentence: Ten months of imprisonment with prison labor, and two years of suspended sentence shall be sentenced to imprisonment with prison labor as the defendant should be sentenced to a severe punishment in order to establish a sound sexual culture and sexual morals, when he/she again committed the same crime even if he/she was sentenced to a fine twice or more due to the same criminal act;

However, the fact that the defendant was sentenced to a fine even though he/she had been sentenced to a fine in the same past and following the fact that he/she led to the crime of this case in a timely and consistent manner from the investigative agency.

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