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(영문) 부산지방법원 동부지원 2018.07.17 2018고합82
성매매인신매매등
Text

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 January 28, 2018, the Defendant: (a) ordered F to engage in commercial sex acts and arrange commercial sex acts by having the said F F to have sexual intercourse with E, which was practically controlled and managed by the Defendant; (b) from January 27, 2017 to July 30, 2017, the Defendant received a summary order of KRW 200,000,000 from the Busan District Court on December 21, 2017, to arrange commercial sex acts (Article 19(1)1 and non-business crimes of the Act on the Punishment, etc. of Arrangement, etc. of Commercial Sex Acts) and became final and conclusive on August 1, 2017.

From around December 20, 2017 to January 2, 2018, 4 times a week from January 16, 2018 to February 1, 2018, average once a day on ordinary day, and 2 times a day on average for the weekends, and 150,000 won from the sexual buyers who contacted with “G”, and 20,000 won from the sexual buyers who received 150,00 won from 150,000 won a day, and had the said F have sexual intercourse with male purchase, thereby arranging sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect interrogation of E by the prosecution;

1. The statements and stenographic records recorded in video recording CDs;

1. Statement made by the police with H;

1. Each internal investigation report and investigation report (the list of evidence Nos. 1, 3, 8, 10, 17, 18, 19,20);

1. Application of statutes governing certificates of persons with disabilities;

1. Article 19 (1) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., concerning facts constituting an offense, and Article 19 (1) 1 of the same Act (generally, selection of imprisonment with prison labor);

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

1. The scope of applicable sentences under law: Imprisonment for one month to three years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the types of determination] shall be limited to the brokerage, etc. of commercial sex acts subject to the age of 19 or older.

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