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(영문) 대구지방법원 김천지원 2016.10.19 2016고단452
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From September 2014 to March 3, 2016, the Defendant operated the “C” located in the Gu and Si-si B from around September 2014 to around March 3, 2016, and employed D, etc. as female employees, by having 5,000 won per time from male customers in his/her name and having the said female employees enjoy sexual intercourse by having them receive commercial sex acts in return for the payment of 10,000 won per sex acts from male customers in his/her name, and by having the said female employees enjoy the sexual organ of the said male customers in his/her hands over and in his/her hands over. As above, the Defendant paid 50,000 won per time out of the commercial sex acts received as above to the said female employees and gained profits of 7,200,000 won in total.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Examination protocol of police suspect regarding D;

1. Written statements of D;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation reports (examination of calculation of additional collection charges);

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense;

1. Selection of alternative punishment of imprisonment and the concurrent punishment of fines (Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. There is no basic area (6 to 1 year and 4 months) (special sponsor) of the types of sexual traffic crimes subject to the age of 19 or older, including brokerage, etc. of sexual traffic (referring to brokerage, etc. of sexual traffic due to business, giving and receiving, etc.).

2. The decision-making Defendant committed the instant crime even though he had already been punished by a fine for the same kind of crime, and the Defendant does not seem to have the light of reflectivity, other records of the instant crime, such as the type, scale and period of business, the Defendant’s age, character and conduct, environment, circumstances leading to the Defendant’s crime, and circumstances after the crime.

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