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(영문) 수원지방법원 2014.11.19 2014고단5304
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who operates a sexual traffic business establishment in the name of "C equipped with five smuggling rooms, one shower room, one waiting room, and other facilities, such as CCTV in Suwon-si, Suwon-si B, 201.

At around 18:30 on September 23, 2014, the Defendant: (a) received KRW 90,00 in cash from a police officer who pretended to have had sexual intercourses; (b) instructed the above police officer to have sexual intercourses; and (c) brought D, a sexual traffic woman, into the smuggling room in order to have sexual intercourses; and (d) arranged sexual traffics by the aforementioned method from September 1, 2014 to September 23, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of D and E;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act, Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Punishment of the acts of arranging the sexual traffic: Article 25-2,30,000 won = 100,000 won x 23 days sentencing; and

1. Scope of applicable sentences under law: One month to seven years of imprisonment;

2. The scope of the sentencing guidelines for sentencing [decision of types] the basic area of the arrangement of commercial sex acts (decision of the recommended area and the scope of the recommended punishment] by sexual traffic crime group-business, etc. (no special person shall be punished for six months to one year):

3. The decision of sentence shall be made in the same manner as the order within the scope of recommendation, taking into account the fact that the defendant was wrong and has no record of being punished for the same kind of crime; and

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