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(영문) 인천지방법원 2016.02.03 2015고단7942
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

around June 5, 2015, the Defendant: (a) from the “C” operated by the Defendant located in Bupyeong-gu Incheon Metropolitan City (hereinafter “C”); (b) received KRW 100,000 in return for sexual traffic from the police officer who visited the said business establishment, who visited the said business establishment as a customer, and paid KRW 50,000 among them to the female employee D; (c) instructed the said female employee by bringing to the six room in the male son’s hand so that he/she may have a similar act in which he/she can write the sex of the male son by hand and scambling it; and (d) assisted the said female employee E, D, and F from April 17, 2015 to June 5, 2015 to receive KRW 60,000,000 from the male guest who visited the said business establishment, and paid the Ban to the said female employee, and assisted his/her employees to do the act of similarity with the male customer.

Accordingly, the defendant committed commercial sex acts such as arranging sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to E, D, F, and G;

1. Suppression photographs;

1. Application of statutes on records of seizure and lists of seizure;

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

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

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

1. Article 25 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, Etc. (Additional Imposition Charges of KRW 23,907,00 = Criminal Proceeds of KRW 24,675,00 - Total cash confiscated of KRW 768,00);

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

1. Scope of punishment recommended: Basic area for arranging sexual traffic according to the business (six months to one year and four months);

2. The Defendant, at the Incheon District Court on February 18, 2014, committed a violation of the Act on the Punishment, etc. of the Crimes of Arranging Sexual Traffic (Referral, etc. for sexual traffic) and thus, committed a second offense, even though a summary order of KRW 10 million has been finalized, and thus, is sentenced to imprisonment.

However, in consideration of the fact that the defendant acknowledges and reflects the crime and cooperates in the calculation of the additional collection charge, a punishment lower than the sentencing for recommendation.

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