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(영문) 수원지방법원 2017.06.08 2016고단7927
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a “C” marina business on the floor B and C of Masung City.

From October 5, 2016 to October 27, 2016, the Defendant arranged sexual traffic by means of installing five rooms in the above business establishment, four rooms in the water surface, four rooms in the atmosphere, one room in the atmosphere, and four CCTVs, and employing a female female customer D in the birth country of female employees, and allowing female employees to take 120,000 won in cash and sexual intercourse.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. A report on internal investigation (with regard to the details of enforcement)

1. Police seizure records;

1. A real estate lease agreement;

1. Application of statutes on field photographs;

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, and Article 19 (2) 1 of the same Act and selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The grounds for sentencing under Article 48(1)1 of the Confiscation Criminal Act, Article 25 of the Act on the Punishment of Acts, Including the Mediation, etc. of Commercial Sex Acts [the scope of the recommended punishment] / The grounds for sentencing under Article 25 of the Act on the Punishment of Acts, including the Mediation, etc. of Commercial Sex Acts, the two types of sexual traffic crimes subject to 19 years of age or older (the brokerage, etc. of commercial sex acts due to the business and the receipt, etc. of consideration) / [the period between June and January 4] that there is no person subject to special sentencing] : The extent of the compared sentence between June and recommendation : June and January 4 [the sentence] - The ordinary circumstances that are unfavorable to the defendant: The size of business facilities of commercial sex acts is small, the business period is relatively short, the amount of profits is not significant, the depth is recognized, and there is no previous convictions, and the comprehensive matters of sentencing under Article 51 of the Criminal Act;

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