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(영문) 의정부지방법원 고양지원 2015.05.15 2015고단115
성매매알선등행위의처벌에관한법률위반(성매매알선등)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a sexual traffic business establishment in the name of "C" in the name of "A, 504, Goyang-gu, Busan Metropolitan City B, and D is an employee who is employed as a female of sexual traffic at the above business establishment.

The Defendant, between August 28, 2014 and September 20, 2014, from around September 28, 2014 to September 30, 20: (a) had five rooms in the smuggling; and (b) received 11-120,000 won in the price for sexual traffic from male customers who are unable to know the average of 3-4 persons per day, from the male customers who are waiting for sexual traffic; and (c) provided guidance to the room in the smuggling where female employees are waiting for sexual traffic such as D, and led them to sexual intercourse between customers and female employees of sexual traffic, thereby engaging in activities such as arranging sexual traffic.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Photographs;

1. Application of Acts and subordinate statutes to investigation reports (examination of collection of criminal proceeds);

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Selection of Imprisonment with labor concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. The defendant, on August 27, 2014, was punished by a fine on the same offense, in the latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic [3,465,00 won = 22 days of business days x average number of customers x 3.5 x average number of customers 45,00 won], and the defendant continued to arrange sexual traffic at the same place even when he/she was punished by the same offense.

However, it is said that the defendant will not repeat again after closing down his business.

In this context, the punishment is determined as per the disposition by comprehensively taking into account the period of the instant crime, business profits, age, occupation, and other various sentencing conditions.

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