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(영문) 수원지방법원 성남지원 2019.01.16 2018고단2595
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a marina business in the name of “C” in Gwangju City B and 3.

On October 20, 2018, the Defendant sent 120,000 won in cash from the police officer in charge of the crackdown on the search of customers who pretended to engage in sexual traffic and provided guidance to the smuggling equipped with bed and carried out sexual traffic, and then brought female employees D into the smuggling to engage in sexual traffic.

Accordingly, the defendant committed commercial sex acts such as arranging commercial sex acts.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes on internal investigation, field photograph, lease contract;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense and the punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The scope of recommendations on the sentencing guidelines [the scope of recommendations] shall be limited to the scope of recommendations [the scope of recommendations] 19 years of age or older, the brokerage of commercial sex acts, etc. (the brokerage, etc. of commercial sex acts due to the business, the giving and receiving of prices, etc.).

2. Determination of sentence [Opinion by Prosecutor] 6 months of imprisonment with prison labor / [Judgment] 4 months of imprisonment with prison labor, and act of arranging sexual traffic for one year of suspended execution shall be selected as imprisonment with prison labor due to the lack of social harm and harm to sound sexual culture and good morals by commercializing sex;

However, considering the favorable circumstances, such as the fact that the defendant is led to confession, the business size is not so significant, the fine exceeds the defendant, or the fact that the same criminal power does not exist.

In addition, comprehensively taking account of the various sentencing conditions in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc. of the defendant, the punishment shall be set aside beyond the lower limit of the recommended punishment in the sentencing guidelines and the execution of the punishment shall be suspended.

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