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(영문) 수원지방법원 안양지원 2019.11.28 2019고단2030
성매매알선등행위의처벌에관한법률위반(성매매알선등)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a commercial sex trafficking business establishment with the trade name "E" in Anyang-gu Btel C and D in Anyang-gu, Anyang-gu, and F is an employee of the said commercial sex trafficking business establishment.

The Defendant, in collusion with F, provided the said “E” entertainment business establishment from March 3, 2019 to March 12, 2019, with a large number of unspecified customers who reported the Internet advertisement to the said officetel, and, in return, provided the said officetel with the female employees, such as one-person G and H, waiting in the said officetel, provided the said officetel with a sexual intercourse with customers, and in return, provided the said female employees with a cash amounting to KRW 90,00 to KRW 180,00,000 from customers, and operated the said business by dividing it into one of the female employees and 1:1.

Summary of Evidence

1. Each legal statement of the defendant and F;

1. A protocol concerning the examination of each police suspect to I and J;

1. Investigation report (No. 3 No. 5 of the evidence list), investigation report (the analysis of A mobile phones of a suspect), investigation report (the attachment of a notice for publicity), investigation report (the result of digital sirens of A mobile phones of a suspect);

1. Each police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes on site photographic materials;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and Article 30 of the Criminal Act, the choice of imprisonment with prison labor, including the provision of applicable laws to facts constituting an offense and the provision of applicable laws to a criminal defendant A

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

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

1. Grounds for sentencing under the proviso to Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic (see Investigation Records 328 pages);

1. The scope of the recommended punishment according to the sentencing guidelines (the determination of types) shall be limited to the sexual traffic crimes in which the age is not less than 19;

(b) Aggravation factors, such as brokerage, etc. (type 2) of commercial sex acts, brokerage, etc. of commercial sex acts due to business and receipt, etc. of consideration: In the increased area of brokerage [the area of recommendation and the scope of recommendation] using a medium with high frequency of advertisement or propagation, one year to three years of imprisonment;

2. Circumstances that are disadvantageous to a decision of sentence:

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