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(영문) 수원지방법원 성남지원 2017.09.01 2017고단1379
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the owner of a sexual traffic business in the name of "D" in Gwangju City C and the third floor.

On April 29, 2016, the Defendant: (a) installed the CCTV (seven screen monitors); (b) installed three air rooms for female employees; (c) three air rooms for female employees; and (d) up to June 29, 2016, the Defendant managed the said establishment; (b) received KRW 120,00 or KRW 130,00 from an unspecified male customer who found the said establishment; and (c) provided the said female employee, including F, with a sexual intercourse with the said guest.

As a result, the defendant conspired with E to operate the above commercial sex acts to arrange commercial sex acts.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol concerning interrogation of suspects of E by each prosecutor's office;

1. Each protocol concerning the examination of police officers in relation to G, H (2), I, J (2), K, L, M, and N;

1. Report on internal investigation (on-site situation) and application of the Acts and subordinate statutes on the pictures of this case;

1. Article 19 (2) 1 and Article 30 of the Act on the Punishment of Acts, Including Mediation, etc. of elective Sex Acts, concerning facts constituting an offense, and Articles 19 (2) 1 and 30 of the Act on the Punishment of Acts

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Article 25 of the Act on the Punishment of Acts, Including Mediation of Additional Collection of Commercial Sex Acts (the additional collection charge shall be calculated as KRW 3,875,00,00 according to reference materials submitted by the prosecution on August 4, 2017) The act of arranging commercial sex acts on the grounds of sentencing is not much social cancellation, such as the commercialization of sex and impairing sound sexual culture and good morals, and the fact that the defendant seems to have escaped during an investigation, etc. is disadvantageous to the defendant.

However, considering the fact that there is no record of punishment exceeding the same criminal record and fine, self-denunciation, and that the defendant shows the attitude of confession and reflecting the crime of this case in favor of the defendant, the circumstances of Article 51 of the Criminal Act, the scope of the punishment recommended according to the sentencing guidelines, the equity between accomplices and accomplices.

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