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Reasons
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(영문) 대구지방법원 2018.12.13 2018고단3775
성매매알선등행위의처벌에관한법률위반(성매매알선등)
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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

On July 10, 2018, the Defendant: (a) sent an advertisement of KRW 301,00,000, KRW 150,000,000, KRW 70,000, and KRW 180,000,00,000 to KRW 10,000,000; (b) sent an advertisement of KRW 301,000,000,00,000 to KRW 301,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

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

1. Investigation report (as to photographs at the studio room at the time when the sexual traffic is controlled, the investigation report (as to the contents of text messages with the E-ro business owner related to the sexual traffic);

1. Lease contract;

1. Application of statutes on site photographs;

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 same Act and selection of imprisonment;

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. The community service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) of the Criminal Act to be confiscated;

1. The latter part of Article 25 of the Act on the Punishment of Acts, Including Arrangement of Additional Collection of Commercial Sex Acts: Provided, That the investigation report (calculated of profits from commercial sex acts);

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

1. Advertisement activities or brokerage activities using a medium with high propagation (one year to three years) in the increased area (one year) of two types (one year to three years), such as brokerage, etc. for commercial sex acts, etc., of commercial sex acts subject to the age of 19 or older, the scope of the recommended punishment according to the sentencing guidelines (the scope of the recommended punishment);

2. Determination of sentence;

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