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(영문) 의정부지방법원 2019.11.29 2019고단3632
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

From the end of December 2018 to the end of May 28, 2019, the Defendant: (a) leased heading C, D, and E of the Gu Officetel B Officetel; (b) employed the F, etc., which is a female sexual traffic, and (c) received 170,000 won from an unspecified number of male guests who found in the said office as the price for sexual traffic, as the price for sexual traffic; and (c) had the female sexual traffic engage in sexual intercourse.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Each protocol of seizure;

1. Documents concerning the decision to preserve the attached confiscation;

1. Application of Acts and subordinate statutes to each investigation report (the details of banking transactions, appendment of real estate monthly rent contracts), each internal investigation report (in addition to field photographs, attachment of site photographs, advertisement and follow-up attachment of sexual traffic sites, attachment of sexual traffic employees F and G dialogue with the head of office);

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense and the Punishment of Acts of Arranging Sexual Traffic (or, collectively, the choice of imprisonment);

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act for forfeiture; Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic; Article 8 (1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment;

1. Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (see, e.g., Supreme Court Decision 200Da1640

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

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation types according to the sentencing guidelines (the determination of types) shall be limited to the sexual traffic crimes in which the age is at least 19;

(b) Mediation, etc. for commercial sex acts: Mediation, etc. for commercial sex acts (type 2) - Mediation, etc. for commercial sex acts due to business and receipt, etc. of consideration - Aggravation factors: Mediation [the scope of the recommended area and the scope of recommendations] by using a medium with high propagation or propagation, there is no increased area, one year to three years (general person) by imprisonment;

3. Determination of sentence: The defendant shall be punished by imprisonment with prison labor for ten months and by a stay of execution for two years;

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