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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. No person who violates the Medical Service Act shall establish a massage place unless he/she is recognized as a inseminator by the competent Mayor/Do Governor;
Although the Defendant is not a massage doctor, from around October 2012 to around October 20, 2015, the Defendant established a massage place to provide an unspecified customer with shower facilities, six rooms, and a simplified bed, etc. in the “C” of the Defendant’s operation on the Jeonjin-gu B and the second floor of Jeonjin-gu, Jeonjin-gu, Seoul.
2. On October 20, 2015, the Defendant, in violation of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic (such as brokerage, etc. of sexual traffic), brought the shower facilities, six rooms, and a simplified beds into a room where a male grandchild who found the place by installing shower facilities, six rooms, and employing D, who is an employee of sexual traffic, received KRW 90,00 from the male grandchild, and had him/her conduct sexual intercourse or similar behavior with the male guest.
Accordingly, the defendant committed commercial sex acts such as arranging sexual traffic.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. A protocol concerning the examination of suspects of D;
1. E statements;
1. Letters of D;
1. A report on the control of a business place;
1. A report on internal investigation (in preparation of a comprehensive report, a business owner and a female employee's writing, related to speech and behavior, on-site situation and building structure at the time of enforcement, and related to C and F);
1. Application of each statute on photographs;
1. Article 19 (2) 1 of the Act on the Punishment of Acts, Including Arranging of elective sexual traffic (the point of arranging sexual traffic, the choice of imprisonment), Article 87 (1) 2, Article 82 (3), and Article 33 (2) of the Medical Service Act (the point of establishing an office without qualification 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 stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Protection, Observation, etc. Act, which provides community service or attend lectures;
1. Punishment of acts, such as arranging sexual traffic;