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(영문) 수원지방법원 평택지원 2018.12.13 2018고단1396
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant 1 violated the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts (Mediation, etc. of Commercial Sex Acts) (hereinafter “E”), is a person operating “E” in Pyeongtaek-si D, and three impulses.

On July 23, 2018, around 15:00, the Defendant: (a) kept smuggling and mixed Seas, etc. at the store above the Defendant, and was engaged in sexual intercourses with F, by providing guidance to the guest room so that the Defendant may engage in sexual intercourses with F, which is female employees, while doing business, by receiving KRW 1.20,000 in cash from the control police officer who was pretended to be customers.

2. No person who violates the Immigration Control Act shall employ a person having no status of sojourn eligible for employment activities;

Nevertheless, the Defendant employed “F” as an employee engaged in sexual traffic under the condition that the Defendant would pay KRW 50,000,000 to the 120,000,000 to the 120,000,000,000,000.

Accordingly, the defendant employed a person who does not have the status of sojourn eligible for job-seeking activities in Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. The degree of photographs taken at the time of control, and foreigners;

1. Application of Acts and subordinate statutes to accusation (including accompanying documents);

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) of the Immigration Control Act (the point of employing foreigners without status of sojourn) and Article 19 (2) 9 of the same Act concerning facts constituting an offense,

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

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

1. Despite the repeated punishment imposed by the Defendant for the reason of sentencing under Article 62-2(1) of the Criminal Act, the nature of the instant crime is not good, but the instant crime is not to be committed again, inasmuch as the Defendant again commits the instant crime.

The sentencing is taking into account the fact that there is no criminal history exceeding the fine against the defendant.

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