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(영문) 대전지방법원 논산지원 2016.08.12 2016고단287
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a person who runs a lodging business under the trade name, “C inn't,” in Esan-si.

On May 10, 2016, the Defendant: (a) sought as a customer on May 10, 2016, and provided a place for engaging in sexual traffic with D and female employees to receive 80,000 won for 15 minutes from the police officers belonging to the life order division of the Jungsan Police Station, and provided them with a place for engaging in sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on the site photographs;

1. Article 19 (1) 1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic concerning facts constituting an offense (the point of arranging sexual traffic) and Articles 10 (1) and 3 subparagraph 1 of the same Act (the point of arranging sexual traffic in the custom office);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant again committed the instant crime even though he/she had the record of being punished once as the same kind of crime, and thus, the corresponding punishment is needed.

However, the sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the arguments of this case, such as the fact that the defendant is against the mistake, that the defendant has no record of the suspension of execution or heavier punishment, and that the defendant has the age, sex, environment, method of crime, and circumstances after the crime.

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