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(영문) 인천지방법원 2018.04.05 2018고단1324
성매매알선등행위의처벌에관한법률위반(성매매알선등)
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

The defendant is a person who has operated a sexual traffic business in the name of "E" and "F".

From September 2017 to December 12, 2017, the Defendant leased four rooms, including 814, 1305, 1323, and 1415, in the Nam-gu Incheon Metropolitan City Gtel, and published a written advertisement on the Internet sex trafficking brokerage site.

Defendant 1 provided information on the instant advertisement to the instant officetel, in which many unspecified male customers waiting for sexual traffic women employed in the said business, who reported and contacted the said advertisement, thereby allowing the said female sexual traffic to receive KRW 15 to 300,000 from the said female sexual traffic women and to have sexual intercourse with the male customers.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against H and I;

1. Statement made by the police to J;

1. Written statements of K and L;

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

1. Application of some Acts and subordinate statutes to each investigation report (the date and time of operation of suspect A sexual traffic business establishments and calculation of criminal proceeds), each siren analysis report;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic for facts constituting an offense and Article 19 (2) 1 of the Act on the Punishment of Acts, Etc. of Arranging Punishment

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 48(1)1 of the Criminal Act for forfeiture, and Article 25 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts;

1. Grounds for sentencing prescribed in Article 25 of the Act on the Punishment of Acts, such as Mediation, etc. of Additional Collection of Commercial Sex Acts [Article 25 of the Act on the Punishment of Criminal Proceeds = 6,350,00 won [Article 650,00 won [Article 25 of the Act on the Punishment, etc. of Acts, That according to an investigation report on the calculation of criminal proceeds, the actual profits earned by the defendant is deemed to exceed, but

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than seven years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of determination], the sexual traffic crimes subject to the age of 19 or more, the sexual traffic crimes subject to the age of 19 or more, the mediation of sexual traffic, etc., and the

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