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(영문) 수원지방법원 2015.12.21 2015고단4797
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 1, 2014 to July 23, 2015, the Defendant: (a) installed seven guest rooms in approximately 25 square meters in the space of approximately 25 square meters in the “C” operated by the Defendant on approximately 1st and second floor, and (b) arranged commercial sex acts by having a female sexual traffic, D and E receive KRW 110,000 per customer from a female sexual traffic, and KRW 60,000 among them receive KRW 110,00 from a female sexual traffic, and arrange commercial sex acts by having a female sexual intercourse on condition that he will pay to the female sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D and E;

1. Seizure records;

1. Business registration certificate, lease contract;

1. Application of statutes on field photographs;

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

1. The defendant stated in the latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., that "the defendant received 110,000 won as a sexual traffic price, and 50,000 won among them have been imported. In an average of six customers have been operated every day from June 2014, and only four times a month has been easy (in the investigation record, page 106)." Based on the defendant's statement, the defendant obtained a benefit of 108,60,000 won as a crime of arranging the sexual traffic in this case from June 1, 2014 to July 23, 2015. Among them, the amount of cash 470,000 won confiscated should be deducted as the order.

The reason for sentencing [Scope of Recommendation] The basic area (6 to 14 months) of types 2 (such as brokerage, etc. of commercial sex acts due to the receipt, payment, etc. of business prices), such as brokerage, etc. of commercial sex acts subject to 19 years of age or older, is shown in the background of the crime, scale and period of the business of the defendant, profits earned by the defendant, criminal records (one time before and after the same fine) of the defendant, and other records and arguments.

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