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(영문) 수원지방법원 2016.04.07 2016고단911
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for six months.

5 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On July 15, 2015, the Defendant was sentenced to imprisonment with prison labor for ten months and two years of suspended execution on July 23, 2015 for a violation of the Act on the Punishment of Arrangement, etc. of Commercial Sex Acts (mediation of commercial sex acts, etc.) at the Suwon Friwon method.

The Defendant, who operates the “B Q”, which is a commercial sex acts business establishment in Dongducheon-si, BP and 705, was able to stay in the BR and BP, and to take charge of the management of employees, customer management, etc., and the Defendant was willing to take charge of the preparation of rent deposit, the supply of female sexual traffic.

According to the foregoing mother, the Defendant, along with BR from December 23, 2014 to January 29, 2015, had 5 marina rooms and 3 guest rooms equipped with bathing rooms and bedrooms at the above business establishment from January 29, 2015, and received cash amounting to 80,000 won (credit card 100,000 won) from many unspecified male customers who found the said place, and had them sexual intercourse with sexual traffic women.

As a result, the defendant conspired with BR to engage in commercial sex acts such as brokerage.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of BR by the prosecution;

1. A BR statement;

1. A report on investigation (calculated criminal proceeds);

1. Previous conviction: Application of a written inquiry about criminal history and defense counsel’s written opinion;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of Selective Commercial Sex Acts and Subordinate Statutes concerning facts constituting an offense, Article 30 of the Criminal Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Grounds for sentencing of 50 million won (see, e.g., investigation report (calculated of criminal proceeds)) under Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of Additional Collection of Commercial Sex Acts

1. Application of the sentencing guidelines [the types]: sexual traffic crimes; sexual traffic crimes subject to the age of 19 or older; brokerage, etc. of sexual traffic; and the type 2 (Mediation, etc. of sexual traffic by giving and receiving business prices; etc.); the basic area of recommendation and recommendation [the sphere of recommendation and sentencing]; June -1 year and 4 months;

2. Determination of sentence: Imprisonment with prison labor for six months is recognized as the circumstances in which the defendant recognized the facts of the instant crime and reflects the mistake.

On the other hand, this is again applicable during the same period of suspension.

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