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(영문) 의정부지방법원 2020.02.13 2019고단3346
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

From January 16, 2019 to March 27, 2019, the Defendant arranged commercial sex acts by having an unspecified customer D, E, etc. receive KRW 120,000 from 120,00 and receive KRW 70,00,00 from the third floor of the Gyeonggi City B building.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement prepared in D, E, and F;

1. Application of Acts and subordinate statutes to the details of on-site photographs, public relations writing in G site C, telephone, and dialogue;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense and the punishment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to seven years;

2. The scope of recommendations according to the sentencing guidelines (the determination of types of recommendations) shall be limited to the range of recommendations (the determination of types of punishment) for the crimes of sexual traffic subject to the age of 19 or older and the mediation, etc. of sexual traffic for the crimes of sexual traffic.

3. That the Defendant’s decision-making of sentencing is running a sexual traffic business establishment that commercializes women’s sex over two months, not in itself, that is, the nature of the crime is not somewhat weak, and the illegality is sufficiently recognized and the possibility of criticism is high.

However, there are various sentencing conditions shown in the arguments of this case, such as the defendant's recognition of the crime of this case, the fact that the business size is not large, the closure of the crime on the enforcement day, the fact that it is not possible to repeat the crime, the favorable circumstances such as the absence of the same punishment power, etc., and other favorable circumstances such as age, character and behavior, family environment, motive and circumstance of the crime, the means and consequence of the crime, and the circumstances before and after the crime.

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