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(영문) 수원지방법원 성남지원 2019.07.11 2019고단1090
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for one year.

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

No person shall arrange sexual traffic or acts similar thereto in return for receiving or promising money, valuables and other property gains for business purposes.

Nevertheless, from April 1, 2019 to April 16:00, 2019, the Defendant posted an advertisement of similarity with “E” in the name of “E” on the Gyeonggi-nam-si Branching Party B, C, Internet sexual traffic advertising site, “D,” etc. In addition, the Defendant, from around April 1, 2019 to April 23, 2019, had the number of men who found it receive 110,000 won for sexual traffic and had them do similar sexual intercourse with “F,” and arranged commercial sex acts.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol concerning G and F;

1. Application of statutes on site photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Selection of Imprisonment with labor concerning facts constituting an offense;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of the recommended punishment according to the sentencing guidelines (the determination of types) shall be limited to the sexual traffic crimes in which the age is not less than 19;

(b) Aggravation (type 2) of brokerage, etc. for commercial sex acts due to business, receipt of consideration, etc. (the area of recommendation and the scope of recommendation), one to three years of imprisonment;

2. In light of the fact that the instant crime was committed against unspecified men by arranging sexual traffic, and that the same type of criminal records are only once, the nature and the circumstances of the crime are not absolute.

However, there is no record that the defendant reflects the mistake and is punished in excess of the fine due to the same kind of crime.

In addition, the punishment is determined as ordered in consideration of all the conditions of sentencing prescribed in Article 51 of the Criminal Act.

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