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(영문) 창원지방법원 밀양지원 2019.04.30 2019고단75
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

The defendant from August 20, 2018 to the same year.

9. From the second floor of the building in Qyang City B up to September 19, operating a marina business with the trade name of “C”, employing female employees, such as D, and inducing them to find out their sexual organ by hand, and receiving 80,000 won (40,000 won out of them) from unspecified male customers in return for the act of sexual intercourse by inducing the situation.

Accordingly, the defendant committed commercial sex acts such as arranging commercial sex acts.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a report on internal investigation (on-site confirmation of a business establishment, details of 112 reports, attachment of site photographs), internal investigation report (Attachment to a building management ledger, etc. of a third marina business establishment), field photograph, internal investigation report (on-site recording and cellular phone file, control file file image), internal investigation report (on-site business registration certificate and lease contract copy), and investigation report (on-site report);

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. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic [the amount to be collected additionally: half of the shares of employees (=the amount to be limited to one thousand four hundred won) out of the details of card sales due to sexual traffic]

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation types according to the sentencing guidelines (the determination of types) shall be limited to the sexual traffic crimes in which the age is at least 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;

3. Determination of sentence: Imprisonment with prison labor for six months, two years of suspension of execution, 80 hours of community service order;

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