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Reasons
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(영문) 수원지방법원 2016.10.11 2016고단4371
성매매알선등행위의처벌에관한법률위반(성매매알선등)
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A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1 to 3 shall be confiscated.

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Commercial Sex Acts, Etc.) in relation to D operations, from February 13, 2015 to March 23, 2015, provided facilities necessary for sexual traffic in the fourth floor of the building in the form of harmony E, such as a massage room, a shower room, etc., and operated “D” by employing female employees. In doing so, the Defendant arranged sexual traffic by allowing female employees to sexual intercourse with customers in return for payment of KRW 10-120,00 to female customers.

2. From April 7, 2016 to April 14, 2016, the Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. related to F Operation (i.e., arranging sexual traffic) provided facilities necessary for sexual traffic, such as massage rooms, shower facilities, etc., in the third floor of the building located in Osan-si G, Osan-si, and operated the “F” of sexual traffic business establishments by employing female employees. In doing so, the Defendant arranged sexual traffic by allowing female employees to have sexual intercourse with customers in return for payment of KRW 10-120,00 to female customers.

Summary of Evidence

1. Defendant's legal statement;

1. On-site investigation, etc.;

1. Each protocol of seizure and each list of seizure;

1. Application of statutes on site photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense and the punishment;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of recommendations according to the sentencing criteria;

(a) Type 2 (Mediation, etc. of sexual traffic by means of business, giving and receiving, etc.), such as brokerage, etc. of sexual traffic subject to the age of 19 or older (the scope of recommendations) is not a basic area (6 months to 1 year and 4 months) (the special form of a person) ;

B. The basic area of crimes No. 2 [the scope of recommendations] is the basic area of crimes No. 19 years of age or older, such as brokerage, etc. of sexual traffic (including brokerage, etc. of commercial sex acts by giving and receiving, etc.).

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