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(영문) 광주지방법원 목포지원 2020.03.13 2018고단637
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for six 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

On November 1, 2017, the Defendant: (a) leased three rooms for Btel Btel (C, D, and E); (b) employed women in F, G, etc.; (c) had the said F, around April 12, 2018, receive KRW 150,00 from customers H and received KRW 150,00 from the said office C; and (c) had the female employed on November 1, 2017 to April 12, 2018, arrange for the commercial sex acts by having them receive KRW 150,00 per hour from male customers in F, etc.

Summary of Evidence

1. A protocol concerning each of the police suspects against the accused, F, H, and G;

1. Police seizure records;

1. Investigation report (on-site chief executive officer, etc.) and control site photographs;

1. Application of Acts and subordinate statutes to investigation report (Attachment of part of file output as a result of digital evidence analysis);

1. Article 19 (2) 1 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. concerning facts constituting an offense and Article 19 (2) 1 of the same Act;

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

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

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) The basic area that does not include a brokerage, etc. for commercial sex acts (type 2), such as brokerage, etc. for commercial sex acts, in exchange for consideration, etc. (the area of recommendation and the scope of recommended punishment) and six months to one year and four months;

3. Determination of sentence: Imprisonment with prison labor for six months and suspended execution for two years shall be taken into account that the Defendant transferred his/her place of business to another place of business even though he/she had been sentenced to a fine of five million won by the Gwangju District Court for a crime of violating the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., of Arranging Sexual Traffic at the same time from October to April 12, 2017, although he/she had been sentenced to a fine of five million won.

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