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(영문) 대전지방법원 2018.04.05 2018고단520
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who violates the Act on the Punishment, etc. of Acts, such as arranging sexual traffic, is a person who has operated a sexual traffic establishment by preparing a lodging place from July 20, 2017 to August 27, 2017, Daejeon and 205.

Defendant employed D, who is a female of the nationality of the Thailand, and received KRW 200,00 from 80,000 according to the method of sexual intercourse, and made the said female to engage in sexual intercourse or similar behavior by having the said female at the place of the Cheongju Board that was promised in advance with the customers, and acquired half of the price of sexual intercourse received from the customers.

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

2. The Defendant violated the Immigration Control Act, as indicated in the foregoing paragraph (1), employed the above D, who did not have the status of sojourn eligible for employment from July 20, 2017 to August 27, 2017, thereby allowing the Defendant to engage in sexual traffic as above.

Accordingly, the defendant employed a person who does not have the status of sojourn eligible for job-seeking activities.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A protocol concerning the examination of suspects of D;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on internal investigation reports (with respect to the details and field circumstances of crackdown), on-site photographs, written confirmation for employment, and accusation of immigration offenders;

1. Relevant Article 19 (2) 1 of the Act on the Punishment of Acts, Etc. of Arranging Sexual Traffic (the point of arranging sexual traffic), Articles 94 subparagraph 9, 18 (3), and 18 (1) of the Immigration Control Act (the point of employing foreigners who do not have the status of sojourn eligible for job-seeking activities) of the Immigration Control Act, and choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.

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