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(영문) 인천지방법원 부천지원 2019.07.19 2019고단586
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
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

1. From October 11, 2018 to October 15, 2018, the Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (i.e., arranging commercial sex acts) operated a business establishment called “D” in Btel C in Geumcheon-gu Seoul Metropolitan Government, and arranged commercial sex acts by employing the E of Thailand nationality as female employees and having an unspecified number of male customers receive 180,000 won from 70,000 won from 70,000 to 120,000 won in return for commercial sex acts.

2. If a foreigner who has violated the Immigration Control Act intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ any person not eligible

Nevertheless, from October 11, 2018 to May 15, 2018, the Defendant employed Thailand E, which was not granted status of stay from “D” as described in paragraph (1), as described in paragraph (1).

Accordingly, the defendant employed a person who does not have status of stay.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of the accused, F, and E;

1. Application of Acts and subordinate statutes on the spot collection, photo, status of entry and departure of individuals, and immigration offenders;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, etc., Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act concerning facts constituting an offense, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation types according to the sentencing guidelines (the determination of types) shall be limited to the sexual traffic crimes in which the age is at least 19;

(b) Arranging, etc. sexual traffic;

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