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(영문) 인천지방법원 2018.07.26 2018고단4177
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A A shall be punished by a fine of 1,500,000 won, and Defendant B shall be punished by imprisonment for six months.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

Defendant

B is an operator of the “D multilateral” on the 1st floor of Seo-gu Incheon, Seo-gu, Incheon, and the defendant A is an employee who provides the carter services and provides customers with the said services.

Defendant

A, according to Defendant B’s instructions, around March 22, 2018, sent cash of KRW 100,000 to a police officer who pretended to be a customer at the above business establishment on March 22, 2018, as well as arranged to send foreign female employees into the above smuggling to the above smuggling, and arranged to engage in commercial sex acts. From January 22, 2018 to March 22, 2018, A arranged commercial sex acts by the above means.

As a result, Defendants conspired to act as a broker for commercial sex acts.

Summary of Evidence

1. Defendants’ respective legal statements

1. Four on-site photographs;

1. Application of investigation reports (Calculation of profits from sexual traffic) Acts and subordinate statutes;

1. Article 19(2)1 of the Act on the Punishment of Acts, such as Mediation, etc. of Sexual Traffic for Criminal Facts, Article 19(2)1 of the Act on the Punishment of Acts, Etc. of Arranging Sexual Traffic, Article 30 of the Criminal Act (including provisions), and Article 30 of the Criminal Act (including provisions), and Article

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B of the suspended execution: Article 62(1) of the Criminal Act (The conditions favorable to the reasons for sentencing specified below);

1. Defendant B: Article 25 of the Act on the Punishment of Acts, such as Mediation of Commercial Sex Acts, Etc. (=10,000 won for criminal proceeds (=10,00 won per month x 30,00 won x 2 months);

1. Defendant A with a provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment;

(a) Defendant A: Fines of not less than 50,000 won but not more than 70,000 won;

(b) Defendant B: Imprisonment with prison labor for not less than one month but not more than seven years;

2. The sentencing guidelines are not applicable since the scope of the punishment against Defendant A according to the sentencing guidelines for Defendant B was selected by a fine. [The types] The sentencing guidelines are not applicable to the crimes of sexual traffic, the crimes of sexual traffic subject to the age of 19 or older, the crimes of sexual traffic, the mediation of sexual traffic, etc. (the scope of the recommended punishment / six months to one year and four months (the basic area).

3. Determination of sentence;

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