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(영문) 서울동부지방법원 2018.08.23 2018고단1409
성매매알선등행위의처벌에관한법률위반(성매매광고)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

(2) On April 16, 2018, in the name of Songpa-gu F and 4, a person who employs sexual traffic women and operates a sexual traffic business establishment with the trade name of “G”; around 22:00 on April 16, 2018, a customer H and I found in the above business establishment, who received KRW 90,000 in return for each of them from H and I, and provided the above business establishment with a confidential guidance to have sexual traffic women who are not sexual traffic and sexual intercourse with other women; and from around 10, 2017 to April 16, 2018, the said business establishment allowed sexual traffic women to have sexual intercourse with other unspecified men in return for payment.

Accordingly, the defendant committed commercial sex acts such as arranging sexual traffic.

Summary of Evidence

"2018 Highest 1409"

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Each statement of H and I;

1. A written accusation;

1. Investigation reports (to attach outputs of commercial sex acts posted on entertainment sites);

1. Advertisement of each (D) business place in rest;

1. (D) Location of educational environment and protection zone of a business establishment engaging in sexual traffic at the rest of 2018 Maz. 1636;

1. Statement by the defendant in court;

1. Each statement of H and I;

1. Application of statutes on site photographs;

1. Relevant laws concerning criminal facts, Article 20(1)3 of the Act on the Punishment of Acts, Etc. of Arranging Sexual Traffic, Articles 16(1) and 9(13) of the Educational Environment Protection Act, Article 19(2)1 of the Act on the Punishment of Acts, Including Arranging of Commercial Sex Acts, Etc.

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

1. Review of the sentencing guidelines [the scope of the recommended punishment] 19 years of age or older, mediation of commercial sex acts, etc., and the basic area (from June to January 4) (no person subject to special sentencing) of the basic area (from June to June 1), * Since the sentencing guidelines have been set only for some crimes, it refers to the lower limit thereof;

2. Determination of the sentence as ordered by taking into account the circumstances following the determination of the sentence and other conditions of sentencing recorded in the records.

The fact that the crime of this case is not good, is the first offender, and the defendant is against the law.

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