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(영문) 대전지방법원 천안지원 2017.04.20 2017고단242
출입국관리법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. A defendant who violates the Act on the Punishment, etc. of Acts, such as brokerage, etc. of sexual traffic, in the middle or the same year on August 2016;

9. 4. In Sacheon-gu, Seocheon-gu, Seocheon-gu, B, employed female employees, such as Thailand’s nationality D and one-time service AC, in which name and identity cannot be known, and then received KRW 130,000 from male customers who found the place and had female employees receive KRW 130,000 from them, and had them do sexual intercourse, such as a sexual paralysis, to customers, thereby arranging sexual traffic.

2. The Defendant violated the Immigration Control Act, at the time and place set forth in paragraph 1, employed the Thailand nationality D without the status of sojourn eligible for employment in the Republic of Korea as female employee as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. The self-examination protocol (D);

1. Application of the respective laws and subordinate statutes (E, F, G, and H);

1. Relevant legal provisions concerning facts constituting an offense, Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation of Sexual Traffic, Article 9(2)9 of the Immigration Control Act, Articles 94 subparagraph 9 and 18(3) of the Immigration Control Act, and each choice of imprisonment with labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances that are favorable to the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Violation of the Act on the Punishment, etc. of Acts, Including Mediation, etc. of Commercial Sex Acts [the scope of punishment recommended] 19 years of age or older, brokerage, etc. of commercial sex acts, and brokerage, etc. of commercial sex acts (the commission, etc. of commercial sex acts) / None of the basic areas (the person subject to special sentencing) / [the person subject to special sentencing] . However, since the above crimes are concurrent crimes with those violating the Immigration Control Act for which no sentencing guidelines are set, the lower limit of the range of punishment should be observed.

2. The sentence is based on the following circumstances and the Defendant’s age, sex, environment, circumstances before and after the instant crime, and the circumstances leading to the instant crime, and all the conditions of sentencing indicated in the record.

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