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(영문) 서울남부지방법원 2017.01.25 2016고단5351
성매매알선등행위의처벌에관한법률위반
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

The Defendant is a person who operates a commercial sex trafficking business with the trade name “C” on the lease of Guro-gu Seoul Metropolitan Government No. 704.

On September 28, 2016, the Defendant hired D (n, 20 years of age) at the store, and received KRW 1.50,000 from E who found the said store to receive 1.5 million as the price for sexual traffic, and directed D to the said store, and had D engage in sexual traffic, etc. from September 19, 2016 to September 28, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Investigative reports (Calculation of profits from sexual traffic);

1. Application of Acts and subordinate statutes governing enforcement site photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., concerning facts constituting an offense, and Article 19 (2) 1 of the same Act (generally, selection of imprisonment with prison labor);

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

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

2. The scope of the recommended punishment according to the sentencing guidelines [the types of determination] and brokerage, etc. of sexual traffic crimes, such as brokerage, etc. of sexual traffic, (2) [the territory of recommendation and the scope of the recommended punishment] and the basic area of the recommendation [the scope of the recommended punishment], six months to one year and four months.

3. There is no reason for the suspension of execution [main reason for the suspension of execution] (the reason for general consideration] positive: There is no criminal conviction for the same kind of crime, and there is no criminal conviction for the suspension of execution or any other criminal punishment, clearly

4. Determination of the sentence of sexual traffic does not have a significant social hazard, such as harming the sound sexual culture and good morals by commercializing women's sex, and in light of the fact that it is necessary to severely punish a business owner who operates illegal sexual traffic establishments in order to prevent the spread of illegal sexual traffic establishments and to establish a sound sexual culture, the crime's nature is not easy, but it is not against the defendant's mistake in depth and there is no punishment for the same kind of crime, and suspended execution.

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