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(영문) 대구지방법원 2016.03.22 2015고단5747
공무집행방해
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Punishment, etc. of Acts, such as brokerage, etc. of sexual traffic (such as brokerage, etc. of sexual traffic), the Defendant is a C in the Daegu Dong-gu B.

From the beginning of November 2014 to August 17, 2015, the Defendant: (a) provided a phone call to a woman of sexual traffic, such as D, who had been waiting in the said female house due to the said female act, and received 35,000 won from the price for sexual traffic; and (b) provided the said female to enter into the said female in the said female house; (c) provided 15,000 won out of the price for sexual traffic to pay the female of sexual traffic to the female of sexual traffic, and had the female of sexual traffic have a sexual relationship with the female of sexual traffic, thereby arranging sexual traffic.

2. No person who violates the Health Act in any school, environmental sanitation and cleanup zone shall commit any prohibited act or install any facility.

Defendant 1 committed, at the above location 180 meters away from the E elementary school at the temporary border of the above 1.1. The above act of arranging sexual traffic harmful to juveniles.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A copy of a real estate lease agreement;

1. A report on internal investigation (affixing a map of measuring the distance in the school environment sanitation and cleanup zone);

1. Application of Acts and subordinate statutes to a report on investigation (report on calculation of criminal proceeds);

1. Article 19 (2) 1 of the Act on the Punishment of Acts, Etc. of Arranging Sexual Traffic (the point of arranging sexual traffic, the choice of imprisonment), Articles 19 (2) and 6 (1) of the School Health Act (the point of prohibiting acts, etc. in school environment sanitation and cleanup zone, and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the scope of the recommended punishment [the scope of the recommended punishment], and the commission, etc. of sexual traffic crimes subject to the age of 19 or older, and the basic area (from June to one year and four months) (the person who is subject to special sentencing].

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