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(영문) 수원지방법원 2016.12.08 2016고단5689
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

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

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. The Defendant: (a) operated a sexual traffic business establishment in Suwon-gu from September 2015 to October 21:30, 2016 from September 21, 2016; (b) provided a place within the business establishment in which women engaged in sexual traffic, such as beds, shower facilities, red seas, etc., and provided them with a place to enable them to engage in sexual traffic against many unspecified persons; and (c) received KRW 150,000 per month from sexual traffic.

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

2. Defendant B, around 23:00 on September 1, 2016, proposed to mean that “all unspecified persons are able to enjoy sexual traffic,” and offered to mean that “for example, alkra, alk, alk, alkys are good,” and presented the price of sexual traffic, and received KRW 10,000 per customer as the introduction cost after giving guidance to the women of sexual traffic in the business place indicated in paragraph (1).

Accordingly, the defendant arranged sexual traffic.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police suspect against F or D;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes to photographs related to sexual traffic;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. and choice of imprisonment

B. Defendant B: Article 19(1)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and choice of imprisonment

1. Defendant B of suspended execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria;

(a) The basic area (six months to one year and four months) of the defendant A [the scope of recommendations] and the basic area (one year and four months) of the types of sexual traffic crimes subject to 19 years of age or older, such as arranging sexual traffic;

(b) Defendant B [the scope of recommendations] The basic area of the first category of sexual traffic crimes subject to age of not less than 19 (the act of arranging sexual traffic, etc.) (4-10 months) (no special person).

2. Determination of sentence;

A. Defendant A has the record of having been punished several times for the same kind of crime.

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