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(영문) 수원지방법원 안양지원 2014.10.17 2014고단1323
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is an owner of a sexual traffic business with the trade name "C" located in Ansan-gu B and 1st underground in Ansan-si.

Around June 17, 2014, the Defendant received 100,000 won from the male descendant who found his place at the above business establishment as the price for sexual traffic, and then made it possible for the Defendant to have his/her employee D with sexual intercourse, including arranging D to have his/her male descendant and sexual intercourse. From May 15, 2014 to June 23:15, 2014, the Defendant provided 5 rooms within the above business establishment from May 15, 2014 to June 23:15, 2014, and employed a female employee, such as D, to receive 100,000 won from the male guest on his/her name who found his/her place and received 50,000 won from the female employee, and had the female employee do sexual intercourse with his/her sexual descendant and arrange sexual traffic.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes to an investigation report (Calculation of Revenue A of Suspect);

1. Articles 19 (2) 1 and 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Selection of Imprisonment with prison labor concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. A punishment as ordered shall be determined by comprehensively taking account of the following: (a) the size of the place of business with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is 50 square meters; (b) the size of the business is 1.65,00 won; (c) the size of the business is small; (d) the operating period is not short; (e) the fact that there is any record of being sentenced to a fine due to the same kind of crime in around 2011; and (e) the confession and reflects the fact that there is no record of being sentenced to imprisonment without prison labor or heavier punishment; and

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