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(영문) 대구지방법원 서부지원 2018.08.30 2017고단2946
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On July 14, 2017, from around July 25, 2017 to around July 25, 2017, the Defendant operated a sexual traffic business establishment with the trade name “C” as “C” from the Daegu Seo-gu B, Daegu-gu, and arranged commercial sex acts by employing a female sexual traffic of D and E in the said place, receiving KRW 120,00 won from the unfortunate male customers who had been customers, and allowing the said female sexual traffic to engage in commercial sex acts with the unfortunate male customers.

2. On January 26, 2018, the Defendant employed a female called G sexual traffic through F, and engaged in sexual traffic with the said female, who received KRW 120,00 from the unclaimed male descendants who had been a guest at the same time, thereby engaging in sexual traffic with the said female.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Written statements of D, E, and G;

1. Internal photographs of the business establishment;

1. Application of Acts and subordinate statutes of each lease agreement;

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 Act on the Punishment of Acts, Etc. of Arranging Punishment

1. The act of arranging sexual traffic for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution is to commercialize sex and to impair good morals, and has no significant social harm, but to arrange sexual traffic for business purposes, and the liability for such crime is not minor;

In particular, the defendant is highly likely to be subject to criticism by committing a second offense without closing his/her business even after it has been controlled by an investigation agency.

However, the fact that the defendant's criminal act is against himself, there is no significant penalty history exceeding the same power and fine, and the present situation is that the defendant finally closed the related business.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the crime, etc., including the method and form of the act of arranging sexual traffic in this case, shall be determined as ordered by considering the following circumstances.

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