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(영문) 의정부지방법원 고양지원 2016.06.17 2016고단1045
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for six 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

No person shall arrange, solicit, induce or coerce sexual traffic for business purposes, or provide a place for sexual traffic.

Defendant 1: (a) operated a sexual traffic business establishment on the fifth floor of the Goyang-gu Seoul Metropolitan City D Building, with the trade name of “E”; (b) established each intrusion in four rooms around December 31, 2015 from the above “E” around December 31, 2015; (c) employed women F and Thailand around February 2, 2016; and (d) made male customers to communicate with sexual traffic, and paid KRW 50,000 among them to F by receiving KRW 120,000 as the price for sexual traffic from sexual customers.

Accordingly, on February 3, 2016, the defendant received 120,000 won as the price for sexual traffic from the police officer controlling around February 21, 2016 and gave guidance to sexual intercourse with the F.

As a result, the defendant provided places of sexual traffic for business purposes, and arranged sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of statutes on field photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic concerning facts constituting an offense and Article 19 (2) 1 of the same Act;

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

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

1. The scope of punishment by law: Imprisonment for not more than seven years;

2. Application of the sentencing criteria;

(a) Determination of types: The types of sexual traffic crimes, the sexual traffic crimes subject to 19 years of age or older, the mediation, etc. of sexual traffic, and two types;

B. There is no special sentencing factor:

(c) Scope of recommending punishment: Basic field.

3. Determination of sentence: 6 months of imprisonment with prison labor and 2 years of suspended sentence, despite the fact that the defendant was sentenced to a fine twice or more for the same crime, since he changed the trade name in the same place and engages in the brokerage business for commercial sex acts at the same place, the liability for such crime

However, considering the favorable circumstances such as the fact that the defendant recognizes and reflects the crime and the running period is not long, the defendant's age, sex, environment, circumstances after the crime, etc. shall be considered.

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