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(영문) 창원지방법원 통영지원 2016.05.20 2016고단190
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

1. Defendant A shall be punished by imprisonment for a period of eight months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A, as the owner of “E” in Sypted D, arranged commercial sex acts for the business from February 26, 2014 to November 23, 2014, by receiving approximately KRW 60,000 won from B, a customer, who had found his/her place of business at the above establishment, to receive approximately KRW 60,000 as the price for commercial sex acts from B, who had the female sexual intercourse with B.

2. On November 23, 2014, the Defendant paid KRW 50,00 as the price for sexual traffic to A, a business owner, at a business establishment listed in paragraph (1) around 01:10, and carried out sexual traffic by influent female and a single sexual intercourse.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to photographs taken at the time of crackdown;

1. Relevant Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. (the point of arranging commercial sex acts for business purposes), Defendant B who is selected to engage in the punishment of imprisonment: Article 21 (1) 1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. (the point of arranging commercial sex acts), and selection of fines;

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant B: The grounds for sentencing under Article 334(1) of the Criminal Procedure Act (the scope of recommended punishment) [Defendant A] [the grounds for sentencing under Article 334(1) of the Criminal Procedure Act (the scope of recommendations] and the grounds for the two types of sexual traffic crimes subject to 19 years or older (such as brokerage of sexual traffic by operating and receiving fees, etc.) (one year or one year or four months): [the decision of sentencing] that there is no person subject to special sentencing] [the decision of sentencing] that the Defendant repeatedly committed the instant crime even after the Defendant was sentenced to suspended execution in 209 as for the same crime, and sentenced to a fine in 2014 (the crime committed at the same business place as at the time of punishment as above in addition or in 2014). The Defendant is engaged in the business.

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