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(영문) 의정부지방법원 2020.05.14 2019고단4476
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 인터넷 성매매알선사이트인 B에 `신림-신림크림, A코스 60분 13만원 @, B코스 90분 21만원 @`라는 내용으로 성매매 광고를 게시하였다.

On May 31, 2019, the Defendant: (a) around 21:15, the Defendant arranged commercial sex acts to receive KRW 2.30,00 from the E who reported and contacted the said advertisement, and to pay KRW 1.50,000 to the female employees F; and (b) arranged commercial sex acts by the said E from November 20, 2018 to May 31, 2019.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning E and F;

1. The list of seizure and the protocol of seizure;

1. Investigation report (verification of the lessee of an officetel);

1. Application of Acts and subordinate statutes on business advertisements, photographs, site photographs, and telephone conversations details;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under the former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to seven years;

2. The scope of recommendations according to the sentencing guidelines (the determination of types of recommendations) shall be limited to the range of recommendations (the determination of types of punishment) for the crimes of sexual traffic subject to the age of 19 or older and the mediation, etc. of sexual traffic for the crimes of sexual traffic.

3. The crime of arranging sexual traffic is a crime that damages the sound sexual culture and good morals by commercializing women's sex, and is basically not less than the nature of the crime, and the period of the crime is not less than six months.

However, the fact that the defendant recognizes and reflects the crime of this case, the size of business is not significant, and there is no same penalty power.

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