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(영문) 의정부지방법원 고양지원 2019.07.26 2019고단1676
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for 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

No one shall mediate to perform any act of similar intercourse using part of the body, such as sexual intercourse, mouth, etc., or implements, in return for receiving or promising to receive money, valuables or other property benefits from unspecified persons.

The defendant, while operating a marina business with the trade name "D" from May 15, 2019 to June 4, 2019, employed Chinese nationality E, F, etc. as a female of sexual traffic, received 80,000 won from many unspecified customers found in the above business to receive 130,000 won as the price for sexual traffic, and let the said female sexual traffic to engage in sexual intercourse after becoming aware of the telegraph of the customers, or to stimulate the sexual organ of the customers by hand.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes, such as field 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;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

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) The basic area that does not include a brokerage, etc. for commercial sex acts (type 2), such as brokerage, etc. for commercial sex acts, in exchange for consideration, etc. (the area of recommendation and the scope of recommended punishment) and six months to one year and four months;

2. The same crime as this case’s sentencing decision requires strict punishment for crimes that have considerable social harm, such as commercialization of sex and undermining sound sexual culture and good morals.

On the other hand, the defendant recognized the crime of this case and reflected his mistake in Korea.

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