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(영문) 수원지방법원 평택지원 2017.04.19 2016고단2931
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendants shall be punished by imprisonment for eight months.

However, each of the above cases against the defendants for two years from the date of the final conclusion of the judgment.

Reasons

Punishment of the crime

1. On November 2, 2016, Defendant A prepared five guest rooms, 100,000 won in Pyeongtaek-si C 45 around November 2, 2016, and arranged the sexual intercourse with female employees by providing guidance to guest rooms to find the place. From March 2, 2015 to the above date, Defendant A arranged sexual traffic.

2. Defendant B, with knowledge of the fact that the place specified in paragraph (1) was leased from building owners D without compensation, and even at the place specified in paragraph (1) 1 around March 2015, Defendant B, even with knowledge of the fact that the said place was about arranging sexual traffic, was used to facilitate the crime of arranging sexual traffic by subleting the said place to the said A to one million won per month.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of E and F;

1. The application of Acts and subordinate statutes, such as examination site photographs and investigation reports (the net time8,12,13);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. (in all cases, choice of imprisonment with prison labor);

B. Defendant B: Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. and Article 32(1) of the Criminal Act

1. Reduction of punishment (Defendant B) (Article 32(2) and Article 55(1)3 of the Criminal Act

1. Article 62(1) of the Criminal Act, which provides a suspended sentence (the Defendants)

1. Grounds for sentencing under Article 62-2 of the respective Criminal Code of the community service order (the Defendants)

1. Defendant A

(a) Application of the sentencing criteria: The basic area (six months to one year and four months) of the types of sexual traffic crimes subject to 19 years of age or older, the mediation, etc. of sexual traffic;

(b) Determination of sentence: Scale and operating period of the relevant sexual traffic business establishment, crime history, import, etc.;

2. Defendant B

(a)the sentencing guidelines do not apply to aiding and abetting crimes; (b) the sentencing guidelines do not apply to those crimes; (c) the four times of the same force (one time of suspended execution, three times of fines); and (d) the motive for and acquired profits

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