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(영문) 대전지방법원 천안지원 2016.08.12 2016고단706
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

(b) No foreigner who has no status of sojourn eligible for employment activities shall be employed;

On February 5, 2016, the Defendant employed a foreigner who does not have the status of stay to engage in job-seeking activities by employing the F as an employee engaged in sexual traffic and paying part of the sexual traffic price received from customers whenever engaging in sexual traffic, regardless of the status of stay that the F of the Thailand entered under the exemption of visa (B-1) on February 5, 2016, E of the Thailand’s nationality that entered under the exemption of visa (B-1) on February 5, 2016, and the exemption of visa on February 18, 2016, without obtaining the status of stay that enable the F to engage in job-seeking activities.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect of the police against F, D, or E;

1. On-site photographs;

1. Police seizure records and list of seizure;

1. Accusation of each immigration offender;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning facts constituting an offense, Article 19(2)1 of the Act on the Punishment of Acts, Etc. of Arranging Sexual Traffic (the occupation of the brokerage business for commercial sex acts), Articles 94 subparagraph 9, 18(3), and 18(1) of the Immigration Control Act (the occupation of illegal aliens) of the Immigration Control Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. The grounds for sentencing under the latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic [the scope of recommendations] [the grounds for sentencing under the latter part of the same Article of the Act on the Mediation, etc. of Additional Collection] are two types of sexual traffic crimes subject to 19 years of age or older (the brokerage, etc. of sexual traffic through the receipt and payment of consideration, etc. for business and the like). There is no guidelines for sentencing as to the violation of the Immigration Control Act in the basic area (six months to one year and four months). The sentencing guidelines are not set for the crime of violating the Immigration Control Act. [Decision of sentence] The size and business period of sexual traffic establishments, the defendant is the primary offender, and the fact that the defendant is committing a crime and is against the wrong acts, etc.

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