2. However, the defendant was sentenced to the suspension of the execution of imprisonment with labor due to the same act of the same region (referring to the act of arranging commercial sex acts, arranging commercial sex acts, recording evidence 315 pages). Furthermore, the crime of this case is committed during the period of the suspension of the execution of the above, but it appears that the defendant is more likely that he is the actual operator of the instant commercial sex acts (the fact that the defendant leases an officetel to be used directly as commercial sex acts, soliciting and managing commercial sex acts, paying compensation for commercial sex acts, etc., the defendant has no capacity to commit commercial sex acts, considering the following circumstances: (a) the defendant is still under the suspension of the execution of the above, and there is no possibility of being able to commit commercial sex acts; (b) the defendant is still under the conditions that he is the actual operator of the instant commercial sex acts; and (c) the defendant is still under the conditions that he is the actual operator of the instant commercial sex acts (see, e.g., Supreme Court Decision 2007Do31520, Apr. 1, 2019).

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.