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(영문) 인천지방법원 2018.04.18 2018고단540
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

The following year from November 13, 2017 from the head of Dong-gu Incheon Metropolitan City due to the arrangement of commercial sex acts while the defendant was operating a lodging facility with the trade name "D" in Dong-gu Incheon Metropolitan City.

1. On December 26, 2017, despite having received an order for the suspension of business for three months until November 201, a police officer issued KRW 40,00 from a police officer who pretended to be a guest in an accommodation facility around December 20, 2017 and provided the above police officer with guidance as 208 to allow the said police officer to engage in sexual intercourse with E who is a woman in sexual traffic.

As a result, the defendant committed commercial sex acts such as brokerage, and operated business even after the business suspension order was issued.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (at the time of detection);

1. Application of Acts and subordinate statutes on internal investigation reports (attached to business-related official documents during the period of business suspension);

1. Article 19 (2) 1 of the Act on the Punishment of Acts, Including Arranging of elective sexual traffic (the occupation of brokerage business, the choice of imprisonment), Articles 20 (1) 2 and 11 (1) of the Public Health Control Act concerning criminal facts, and Article 19 (2) 2 of the same Act (the occupation of business in the course of the order to suspend business, and the choice of imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated to the extent that the sum of the long-term punishments of the crimes specified in the crime of violation of the Act on the Punishment, etc. of Acts, Including Mediation, etc. of heavy sexual traffic) is added to concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing guidelines [the scope of the recommended punishment] [the scope of the recommended punishment]] that there is no basic area (six months to one year and four months) (the scope of the corrected recommended punishment] (the scope of the corrected recommended punishment] in the basic area (six months to one year and four months) including the brokerage, etc. of sexual traffic in the sexual traffic crimes subject to the age of 19 or more [the minimum limit of the punishment for the crimes subject to the sentencing guidelines, the concurrent crimes committed with the crime of violating the Sanitary Control Act and the crimes for which the sentencing guidelines are not applied];

2. The defendant who has been sentenced to punishment is to arrange sexual traffic in the same place as in 2017.

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