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(영문) 대전지방법원 천안지원 2017.03.17 2016고단2748
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

. The sexual traffic has been assisted by engaging in sexual conduct.

2. The Defendant, in violation of the Immigration Control Act, employed, from July 24, 2016 to July 27, 2016, E, who is an solar nation with no status of sojourn eligible for employment activities, employed in the said sexual traffic business establishment, and employed F, who has no status of sojourn eligible for employment activities as the same as that of the said business establishment, in the said sexual traffic business establishment from June 20, 2016 to July 27, 2016.

Summary of Evidence

"2016 Highest 2748"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Medical certificate, photograph "2017 Senior 8";

1. Statement by the defendant in court;

1. G statements;

1. A protocol concerning the interrogation of each police suspect against F and E;

1. Lease contract, passport, or account book;

1. A written accusation;

1. Application of Acts and subordinate statutes concerning a criminal investigation report;

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2 (1) and 257 (1) of the Criminal Act (special injuries), Article 19 (2) 1 of the Act on the Punishment of Acts, Including the Mediation of Commercial Sex Acts, Etc. (the act of arranging sexual traffic for the business of arranging sexual traffic), Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act (the act of employing a person who does not have status of stay, and the choice of imprisonment);

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. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Reasons for the sentencing of the latter part of Article 25 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, Etc. [the scope of recommendations] [the grounds for the sentencing of the latter part of the said Act] shall be determined as follows: (a) there is no person who is subject to special injury or violation of the Immigration Control Act [the person who is subject to special sentencing] in the basic area (six months to one year and four months)]; (b) there is no sentencing guidelines (the sentencing guidelines are set]; (c) there is a history of criminal punishment for the same type of crime; (d) there is an agreement with the victim of special injury; (d) there is contravention of the agreement with the victim of special injury; (e) the period and scale of the business of arranging commercial sex acts; and (e) the various sentencing conditions indicated in the instant trial procedure.

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