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(영문) 수원지방법원 2017.08.29 2017고단2991
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is a person operating “D” on the fourth floor of the building in Osan-si, Osan-si.

The defendant from January 2017 to the same year.

2. From around 28, 200, up to 100 rooms and two shower rooms, 80,000 won were found in the above places and had E of Chinese nationality, which is a woman engaged in sexual traffic, investigate the sexual organ by hand, etc., and arrange commercial sex acts.

Summary of Evidence

1. The defendant's legal statement 1. E and F statements;

1. Business registration certificate and monthly rent contract for commercial buildings;

1. Application of the photographic Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 (1) of the Act on the Observation, etc. of Protection, etc. of Persons Attending Courses;

1. 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 (referring to the mediation, etc. of sexual traffic by means of business, receipt of prices, etc.) of the types of such crimes;

2. Circumstances favorable to the accused shall be as follows:

The defendant is divided into and reflected in the crime of this case.

The defendant's period of running commercial sex acts is relatively short.

The defendant seems to have disposed of sexual traffic business places operated by him.

The defendant has no previous convictions of imprisonment.

There is a situation in which the defendant is economically difficult to support his/her family, including two children.

Circumstances unfavorable to the defendant are as follows:

The crime of this case is the commercialization of women's sex and distort the sound sexual consciousness and moral sense of the general public, and it is not good to commit the crime of this case.

In around 2016, the Defendant committed the instant crime even though he was sentenced to a fine of KRW 3 million by committing the same kind of crime at the same place as the instant case, and again committed the instant crime.

In addition to the above circumstances, the age, sex, career, environment, and circumstances of the crime of the defendant.

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