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(영문) 서울서부지방법원 2016.12.02 2016고단1630
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

1. The defendant A shall be punished by imprisonment for six months, and the defendant B shall be punished by a fine of two thousand won.

2. Defendant B is the above fine.

Reasons

Punishment of the crime

1. At around 20:30 on March 22, 2016, Defendant A provided guidance to the above officetel 718, in which the Defendant was waiting for two male members (E) employed by the Defendant through “D” through the Internet job offer site, and Defendant A provided one-time sexual intercourse between the above male descendants and one another by receiving KRW 1.50,00 from the above male descendants.

2. Defendant B received KRW 90,00 won from A, an operator of a sexual traffic business establishment, and received KRW 140,000,000 from two male descendants, each of whom he sent, and had sexual intercourse with each other at the time and place described in paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. Application of the suspect interrogation protocol against Defendant A to the prosecution

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

(b) Defendant B: Article 21(1) of the Act on the Punishment of Acts of Arranging Sexual Traffic (Selection of Fines)

2. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act.

3. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act (including circumstances favorable to the following reasons for sentencing),

4. Probation Defendant A: The main sentence of Article 62-2 (1) and (2) of the Criminal Act.

5. A defendant who is confiscated: Article 48 (1) 1 of the Criminal Act.

6. Defendant A: Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic.

7. Defendants of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act [Defendant A]

1. Recommendation and sentence of the sentencing criteria: There is no basic area (from June to January, 14) (no special person) in the basic area (from June to April) of the punishment guidelines, including the brokerage, etc. of sexual traffic, for the sexual traffic crimes subject to the age of 19 or older, for six months to four months;

1. Unfavorable circumstances: the Defendant, even though he had the record of being punished for the same kind of crime, also commits the instant crime.

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