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(영문) 대전지방법원 천안지원 2016.09.30 2016고단1056
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by a fine of five million won for each of the defendants B.

Defendant

B The above fine shall not be paid.

Reasons

(a) 1. A survey report on actual conditions;

1. Each photograph;

1. A H statement;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 19 (2) 1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic (the point of arranging sexual traffic), Article 94 subparagraph 9 of the Immigration Control Act, Article 18 (3) and Article 18 (1) of the Immigration Control Act (the point of employing illegal aliens), Article 19 (2) 1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic, Article 32 of the Criminal Act, Article 32 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and each decision of fine;

1. Reduction of punishment (Defendant B) (Article 32(2) and Article 55(1)3 of the Criminal Act

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant B);

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

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

1. Article 48(1)1 of the Criminal Act (Defendant A and B);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act (defendant B)

1. Defendant I [the scope of the punishment of recommendation] There is no person who has the basic area (from June to January 4) (no person subject to special sentencing) in the basic area (from June to June 1) including the brokerage, etc. of sexual traffic crimes subject to the age of 19 or older, and there is no sentencing guidelines for the violation of the Immigration Control Act. [the sentencing guidelines are set for the crime of violating the Immigration Control Act] [the decision of sentence] the size and business period of a sexual traffic establishment, the fact that there is no same power, the fact that there is no time for the crime and the fact that the crime are against the wrongness, taking into account the various sentencing conditions indicated in the procedure of this case,

2. In light of the various sentencing conditions indicated in the instant trial proceedings, such as Defendant B’s absence of the same record, the fact that there is no criminal punishment exceeding a fine, the time of committing a crime and the fact that there is a reflection of mistake, the degree of participation in a crime, and the degree of injury, etc., a punishment shall be determined as ordered.

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