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(영문) 창원지방법원 마산지원 2017.10.20 2017고단895
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for six 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

Punishment of the crime

From May 1, 2014 to April 12, 2017, the Defendant operated a marina business with the trade name “D” located in Changwon-si, Changwon-si, Masan-si C and 2, and had an unspecified male guest who found the said business receive 100,000 won in cash (credit card 110,000 won) from the said male guest and had the female employee do sexual intercourse with the said male guest.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A report on internal investigation (attaching photographs at the control site);

1. Application of seizure records and statutes concerning the list of seizure;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Grounds for sentencing after Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of Additional Collection of Sex Acts;

1. The scope of the recommended punishment on the sentencing guidelines [the scope of the recommended punishment] shall be limited to the category 2 (the brokerage, etc. of commercial sex acts by business, receipt and payment of consideration, etc.) in the basic area (the period from June to April) (the period from June to April).

2. The sentence shall be determined as per the Disposition, taking into account the circumstances under which the sentencing conditions indicated in the records, such as the following circumstances and the ages, health conditions, family relations, details of the crime and the circumstances after the crime, etc.

A favorable circumstances: The defendant is led to confession, and is against himself.

Unfavorable circumstances: Good punishment is needed because of the lack of social harm such as commercialization of sex and harm to the sound sexual culture and good morals.

The defendant has the same history of fine.

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