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(영문) 인천지방법원 2016.04.28 2016고단811
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for six 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 operates a sexual traffic business establishment with the trade name "D" from the third floor of Incheon Gyeyang-gu, and E, F, G, etc. are female employees engaged in sexual traffic with customers at the above business establishment.

On February 1, 2016, the Defendant sent 120,000 won from the police officer H who visited the above business place as a guest and sent 20,000 won a guidance to enable E to have sexual intercourse with male customers at the same place from January 5, 2016 to the above business place from January 5, 2016, and arranged E, F, and G, etc. to have sexual intercourse with male customers.

Accordingly, the defendant committed commercial sex acts.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to E, G, or F;

1. A protocol of seizure and a list of seizure;

1. Investigation report (as to the on-site conditions, such as detection of contact seas, etc.)

1. Application of Acts and subordinate statutes to a report on investigation (on-site photographs);

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic for facts constituting an offense, and Article 19 (2) 1 of the Act on the Punishment of Acts

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

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

1. Article 25 (Amounting to 8,000,000 = Criminal Proceeds recognized by the defendant 16,000,000 - Amounting to 8,000,000 won distributed to the women engaged in sexual traffic);

1. Reasons for the sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the scope of recommendation] There is no person [the person who is subject to special sentencing] in the basic area (six months to one year and four months) (the decision of sentence] (the fact that the defendant recognized the crime) and reflects the criminal, the fact that the defendant moved the place immediately after being punished for the same kind of crime to another place is considered disadvantageous, and the age and arguments of the defendant specified in the records and arguments of this case are considered disadvantageous circumstances.

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