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(영문) 의정부지방법원 2015.06.15 2015고단591
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

around September 2008, the Defendant is a person who, in the name of "E" on the first floor above D in Yangju-si, set up 7 the canas well as 7 the shower room in which a simple bed is installed, and operates a commercial sex business establishment.

From September 2008 to October 16:40, 2014, the Defendant received KRW 70,000 from many unspecified customers who employed female workers in non-name in the above E and find out their places, and arranged the above employees to engage in similarity behavior that leads to the scambling of the sexual organ of customers in the marina room by dividing KRW 35,00,000, respectively.

Accordingly, the defendant committed commercial sex acts such as arranging commercial sex acts.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Reports on internal investigation, internal investigation reports (Submission of a detailed statement of transactions of passbooks), investigation reports (verification of profits from arranging sexual traffic and property subject to requests for the preservation of forfeiture and Additional Collection);

1. Business registration certificate, copy of sales slip, lease contract, and detailed statement of transactions;

1. Application of statutes on site 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 reason for sentencing under Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. [Scope of Recommendation] is that there is no person who has a basic area (6 to 14 months) such as arranging commercial sex acts, etc. in the second category (6 to 1 year and 4 months) of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. [Decision of Sentence] [Judgment of Sentence 8 months] and the period of suspension of execution two years is considerably long, it is necessary to punish the defendant. However, the fact that the defendant recognized the facts of the crime and reflects the fact of the crime, the first sentence is considered as the circumstances favorable to the defendant, and all other conditions of sentencing, such as the defendant's age, occupation, character and behavior, and circumstances before and after the crime.

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