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(영문) 수원지방법원 성남지원 2016.10.28 2016고단2395
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendants shall be punished by imprisonment for ten months.

However, each of the two years from the date of the final judgment against the Defendants.

Reasons

Punishment of the crime

From January 10, 2016 to February 17, 2016, Defendants: (a) conspired to establish three smuggling installed in a bath room and bed; and (b) Defendant A received 100,000 to 120,000 won from customers at the pricing unit of the said business; (c) female employees such as E and F received 1.6 million won in total from customers and made them have a sexual intercourse with customers, and (d) obtained profits equivalent to 1.6 million won in total by allowing them to make a sexual intercourse with customers.

Accordingly, the Defendants conspired to commit acts such as arranging sexual traffic for business purposes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement of E;

1. Each statement;

1. Application of Acts and subordinate statutes to internal investigation reports and field photographs;

1. The Defendants: Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act, Article 30 of the Criminal Act, the choice of imprisonment with labor

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Additional collection of Defendant B: Grounds for sentencing under the latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. The scope of recommendations according to the sentencing guidelines (the scope of recommendations) and the basic area (six months to one year and four months) of the types of sexual traffic crimes subject to at least 19 years of age and the mediation, etc. of sexual traffic (the mediation, etc. of sexual traffic due to the receipt, payment, etc. of remuneration).

2. The elements of sentencing that are disadvantageous to the determination of sentence: The elements of sentencing that are favorable to Defendant A prior to and twice the same kind of fine: the Defendants are against each other; the Defendants have no record of punishment exceeding the fine yet due to the same kind of crime; the Defendants have to not repeat again; and the Defendants have to not repeat again; and other factors of sentencing indicated in the arguments and records of this case, including the Defendants’ age, motive for committing the crime, scale of business and profits, shall be comprehensively considered and determined as above.

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