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(영문) 의정부지방법원 고양지원 2019.08.30 2019고단1678
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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.

From May 30, 2019 to June 3, 2019, the Defendant operated a sexual traffic business establishment with the trade name "D" in Goyangdong-gu B and C, Goyang-si from May 30 to June 3, 2019, employed women E (the age of 29) as sexual traffic, advertised the above business establishment to "F", which is an Internet sexual traffic brokerage site, and advertised the above site to the "F", and received 100,000 to the 150,000 to the price for sexual traffic from many unspecified customers who reported the above site as the price for sexual traffic, and gave guidance to the above E.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding E;

1. E statements;

1. The mobile phone camera (E);

1. Each protocol of seizure and each list of seizure;

1. Application of the statutes governing field photographs, advertising photographs of business places, and photographs of the contents of G conversations;

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. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, and Article 48 (1) 1 of the Criminal Act;

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

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

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 of brokerage, etc. for commercial sex acts (Type 2): There is no person [the area of recommendation and the scope of recommendation types], six months to one year and four months;

3. The decision of sentencing is erroneous; and

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