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(영문) 인천지방법원 2016.02.17 2015고단7746
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of 500,000 won.

Defendant

B must be subject to a fine.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a commercial sex trafficking business establishment in the name of “F” with employees engaged in commercial sex acts, such as E, on leased Nos. 1316, 1522, and Da 1401, 1501, 1501, and 1511 of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and Bupyeong-gu, Incheon.

On July 17, 2015, the Defendant received 150,000 won from G from N, and gave guidance to sexual intercourse with female employees B, and arranged sexual traffic for the business from March 1, 2015 to July 17, 2015.

2. On July 17, 2015, around 23:10 on July 17, 2015, Defendant B received cash 1.522 from customers G in return for payment of KRW 1.50,000,000 from customers, and engaged in sexual traffic over 10 times in total from July 10, 2015 to July 17, 2015, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of suspect of the police against H, G, or E;

1. A protocol of seizure and a list of seizure;

1. Scenic photographs and field photographs of the control site;

1. Application of Acts and subordinate statutes to a report on investigation (calculated criminal proceeds);

1. Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc.; Article 21 (1) of the Act on the Punishment of Acts, Etc.; Article 21 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc.; Article 21 of the Act on the Punishment of Acts, Etc.

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. Article 48(1)1 of the Criminal Act and Article 25 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, Etc.

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (Defendant A);

1. Grounds for sentencing under Article 334(1) of the Criminal Procedure Act

1. Application of the sentencing criteria (Defendant A): The area in which the brokerage of commercial sex acts by the business is aggravated (one year to three years);

2. Defendant A committed a second offense even though he/she had been sentenced to a fine twice due to the same type of crime in 2014.

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