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(영문) 수원지방법원 성남지원 2019.07.18 2019고단1054
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for one year.

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 operates a sexual traffic business with the trade name "C" from the 4th floor of Sungnam-gu, Manam-si.

From March 2018 to December 26, 2018, the Defendant employed women under the name-free women using provisional names, such as D, E, F, etc., in the above business establishment as employees of sexual traffic, and had male customers who found at this place receive payments from 80,000 to 150,000 won, and arranged sexual traffic for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report ( Results of search of business establishments operating a suspect);

1. Application of some Acts and subordinate statutes to field photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Selection of Imprisonment with labor concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of the recommended punishment according to the sentencing guidelines (the determination of types) shall be limited to the sexual traffic crimes in which the age is not less than 19;

(b) Aggravation (type 2) of brokerage, etc. for commercial sex acts due to business, receipt of consideration, etc. (the area of recommendation and the scope of recommendation), one to three years of imprisonment;

2. In light of the fact that the instant crime was committed against unspecified men by arranging sexual traffic, and that the same type of criminal records are only once, the nature and the circumstances of the crime are not absolute.

However, there is no record that the defendant reflects the mistake and is punished in excess of the fine due to the same kind of crime.

In addition, the punishment is determined as ordered in consideration of all the conditions of sentencing prescribed in Article 51 of the Criminal Act.

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