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(영문) 서울중앙지방법원 2017.05.11 2017고합92
특수강도등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

On June 4, 2016, the Defendant: (a) received expenses of USD 700 ($800,000 for Korean hotel accommodation expenses and commercial sex acts, etc.) from Korean visitors G, and H, the sum of the expenses of KRW 700 for hotel accommodation expenses and commercial sex acts, etc., transferred from the Internet following the portal site “E” carpet operator at the Internet; (b) introduced G, and arranged for commercial sex acts by having G from around 22:30 of the same day to June 5, 2016, from around 22:30 of the same day, to June 5, 2016, from the next hotel No. 412 to the next hotel No. 410 of the hotel site at the above hotel site to the next hotel No. 410 of the same day, and H arrange commercial sex acts by having each of the above local women and the above local women.

In addition, the Defendant, from the beginning of 2011 to around that time, carried out business activities, such as arranging sexual traffic, against Korean travelers visiting the Philippines in the same way.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness G and H;

1. A copy of the output of the K dialogue content (No. 3 No. 5), the screen data on the Internet site “E”, and the output of the NAV search data;

1. Report on internal investigation (related to the extraction of materials screen) and application of Acts and subordinate statutes to report on investigation (specific D location);

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic concerning facts constituting an offense and Article 19 (2) 1 of the same Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Two types (special aggravated factors: advertising activities or brokerage activities using a medium with high propagation) in which the scope of punishment to be recommended according to the sentencing guidelines is increased (special aggravated factors: brokerage activities for commercial sex acts by giving and receiving prices, etc.), and one year to three years.

3. Determination of sentence: The defendant shall be held liable in view of the fact that it is not good to commit the crime of arranging the overseas commercial sex acts through the Internet car page for one year of imprisonment and two years of suspended execution, and the period of arranging the commercial sex acts is not shorter than the period.

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