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(영문) 대전지방법원 천안지원 2018.05.11 2017고단2902
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
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

Punishment of the crime

1. From December 28, 2016 to August 21:10, 2017, the Defendant: (a) posted a statement on public relations activities related to sexual traffic in the mobile phone display case of “B”, “C”, and “D” from around December 28, 2016 to around August 21:10; and (b) placed a statement on public relations activities related to sexual traffic at the location designated by the male number of sexual buyers who reported and contacted with it; and (c) had them receive the price of sexual traffic and have their sexual intercourse with the said male number of sexual buyers, thereby arranging sexual traffic.

2. No person who violates the Immigration Control Act shall employ any foreigner who has no status of sojourn eligible for employment activities in the Republic of Korea;

Nevertheless, the defendant from June 5, 2017 to the same year.

8. From 22:00 until 28.22:00, F did not have the status of stay eligible for job-seeking activities in the Republic of Korea as an employee of the said sexual traffic business establishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of suspect with respect to F;

1. A written accusation;

1. Police seizure records;

1. Personal immigration status (suspect F);

1. Application of Acts and subordinate statutes to reports on results of digital analysis;

1. Relevant legal provisions concerning facts constituting an offense, Article 19(2)1 of the Act on the Punishment of Acts, Etc. of Arranging Sexual Traffic (the occupation of sexual traffic brokerage business), Articles 94 subparagraph 9 and 18(3) of the Immigration Control Act (the occupation of foreign employment who does not have status of sojourn eligible for job-seeking activities) and choice of imprisonment, respectively;

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 suspended execution;

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

1. Article 25 of the Act on the Punishment of Acts, such as the Mediation, etc. of Additional Collection [the additional collection charge shall be calculated as KRW 25 million according to the prosecution's old sentence among the import amounts recognized by the defendant in the interrogation of a suspect (the investigation record 148 pages, 149 pages)] The act of arranging sexual traffic for the reasons of sentencing is detrimental to the sound sexual culture and good morals by commercializing sex.

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