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(영문) 창원지방법원 2019.11.27 2019고단2698
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

No one shall mediate as a business of engaging in sexual intercourse in return for receiving or promising to receive money, valuables or other property benefits from unspecified persons.

Nevertheless, from March 24, 2015 to August 8, 2019, the Defendant provided “D” operated by the Defendant in Changwon-si B building C, with facilities and goods, such as 8 lock rooms with settlings, and mixed Seas, and received 100,000 won per sex relation once from many unspecified customers who found the place, and had them paid 60,000 won to sexual traffic women, such as E (the age of 50) employed by the Defendant, on condition that they provided them with sexual intercourse with customers.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Defendant's legal statement;

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

1. A written statement of F, E, and G;

1. Seizure records;

1. Application of Acts and subordinate statutes governing enforcement site photographs;

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. Grounds for sentencing under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic and Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. The basic area (one month to one year and four months) of the types of recommendations according to the sentencing guidelines (the scope of recommendations) and the basic area (one year and four months of imprisonment) of the types of sexual traffic crimes subject to not less than 19 years of age and the mediation, etc. of sexual traffic (the mediation, etc. of sexual traffic due to the receipt, payment, etc. of remuneration).

3. Determination of sentence shall be made in the same manner as the order, comprehensively taking into account various factors of sentencing specified in the trial process of this case, including the business period, size, profits, roles, criminal records (the same criminal records), age, character and conduct, environment, motive, means and result of the crime, and the circumstances after the crime was committed;

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