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(영문) 서울북부지방법원 2018.10.25 2018고단3268
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates the Seongbuk-gu Seoul Metropolitan Telecom.

On September 24, 2017, from around April 24, 2018 to around April 24, 2018, the Defendant, despite being aware that he/she had sexual traffic with men whose names are unknown, received 20,000 won of paid room from the mother to the place of sexual traffic, provided them with the guest rooms of the mother to the place of sexual traffic, and received 40,000 won from E and caused C to have sexual intercourse.

Accordingly, the defendant committed commercial sex acts such as arranging sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of reference witnesses of the C preparation;

1. Investigation report (Attachment of control field record CDs);

1. Application of the CD-related Acts and subordinate statutes to records recording at the scene of crackdowns, such as field photographs, etc.;

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 suspended execution;

1. The observation of protection and the community service order under Article 62-2 (1) of the Criminal Act;

1. Grounds for sentencing after Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of Additional Collection of Sex Acts;

1. Type 2 (Mediation, etc. of Commercial Sex Acts by Business, Receipt of Prices, etc.) of the basic area (from June to one year and four months) (no person subject to special sentencing: No person subject to special sentencing) of the basic area, such as the mediation, etc. of commercial sex acts subject to the age of 19 or older according to the sentencing guidelines;

2. The Defendant, who is sentenced to punishment, arranged commercial sex acts in the course of operating the telecom, and the nature of the offense is not weak in consideration of the duration and scale of the act of arranging commercial sex acts and the profits from the crime.

Furthermore, the Defendant was punished several times by a fine due to a violation of the Act on the Prevention of Prostitution, etc. of the same criminal from around 1989 to around 2017, or the Act on the Punishment of Acts such as the mediation of sexual traffic, and there is also a fact that the Defendant was sentenced to a suspended sentence of imprisonment in 198.

On the other hand, it seems that the crime of this case is recognized and reflected, and the sexual traffic is arranged at the request of the Maur customer.

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