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(영문) 청주지방법원 2015.12.14 2015고단1193
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. A person who violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.) is a person who has operated a commercial sex acts business with the trade name of "C" in B

From May 1, 2015 to May 14, 2015, the Defendant employed female employees from the above C, received KRW 120,000 as the price for sexual traffic from male customers in his/her name and paid KRW 60,000 among them to female employees, and had female employees do sexual intercourse with male customers, and had them do the act of arranging sexual traffic, etc. for business purposes.

2. No person who violates the School Health Act shall operate any business establishment with access to or prohibition of employment by juveniles, such as business in which sexual acts are conducted in school environmental sanitation and cleanup zones;

Nevertheless, from May 1, 2015 to May 14, 2015, the Defendant operated a commercial sex business establishment at the places specified in paragraph (1), which are school environmental sanitation and cleanup zones.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A written statement of the defendant and D;

1. Investigation report (to hear statements by phone);

1. Application of Acts and subordinate statutes to the current status of illegal places of business within the police seizure protocol, public morals and business offices regulation zone;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and Selection of Imprisonment), Articles 19 (2) and 6 (1) of the School Health Act (the installation of facilities prohibited in school environmental sanitation and cleanup zone, and

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing guidelines do not apply to those types 2 (a brokerage, etc. for commercial sex acts due to business, giving and receiving prices, etc.) that are the basic area (6 months to 1 year and 4 months) on the basis of the sentencing guidelines.

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