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(영문) 인천지방법원 2021.01.27 2020고단3946
성매매알선등행위의처벌에관한법률위반(성매매알선등)
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operated a marina business with the trade name “C” on the 5th floor of the Sungnam-si building B in Sungnam-si, and D is an employee of the said business, who was in charge of the duties of customer reception, etc.

No person shall engage in any act, such as arranging sexual traffic, against many unspecified persons for business purposes.

Nevertheless, at around August 17, 2019, the Defendant conspiredd with D, at the above C business establishment around August 21, 2019, the Defendant installed a smuggling and a beds in the business establishment and provided a place, and D directed D to receive KRW 190,00 from the customers who found in the above business establishment and to have sexual intercourse with his/her name.

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

Summary of Evidence

1. A protocol concerning suspect examination of the police concerning D's legal statement of the defendant;

1. The application of Acts and subordinate statutes to investigation reports (health response response - the management ledger of business establishments and the report on changes) on copy of police statements made to E;

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, Article 30 of the Criminal Act, and selection of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines [the types of sexual traffic crimes];

(b) Basic area of brokerage, etc. of sexual traffic [Type 2] by means of business, receipt of consideration, etc. (the area of recommendation and the scope of punishment], six months to one year and four months;

2. Determination of sentence: (a) comprehensively taking account of the various sentencing conditions indicated in the instant case, such as the circumstances under which the sentence was rendered and the Defendant’s age, sex, family relationship, motive and attitude of the commission of the crime; and (b) the circumstances after the commission of the crime.

The circumstances at a disadvantage: The health situation is not good, such as suffering from kidne diseases with visual disabilities, in light of the background and attitudes of engaging in the act of arranging sexual traffic as stated in its reasoning, and the fact that the person suffers from kidne diseases with visual disabilities.

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