Text
Defendant
A shall be punished by imprisonment with prison labor for six months, and by a fine of three million won.
Defendant
B The above fine shall not be paid.
Reasons
Punishment of the crime
Defendant
B is the owner of F inHanam-si, and Defendant A is the manager of the above establishment, and no person shall engage in any act, such as arranging sexual traffic, etc. for business purposes.
1. On August 30, 2017, Defendant A received cash of KRW 90,00 from a male guest who visited the said place at the said F business establishment, and arranged sexual intercourses with G (V, 65 years old) who is female employees of the said business establishment, and arranged commercial sex acts.
2. Defendant B, as described in paragraph (1) at the time and place described in paragraph (1), committed an act, such as arranging sexual traffic, for the business of the Defendant’s employees, with respect to the Defendant’s business.
Summary of Evidence
1. Defendants’ respective legal statements
1. G statements;
1. Seizure records;
1. Application of Acts and subordinate statutes on site photographs;
1. Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc., and Article 19 (2) 2 of the Act on the Punishment of Acts, Etc., and Articles 27 and 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts;
1. Defendant B detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. Defendant A who has been suspended from execution: Article 62 (1) of the Criminal Act (The following favorable circumstances):
1. Defendant A of a community service order: Article 62-2 of the Criminal Act;
1. A defendant who has been confiscated: Article 48 (1) 1 of the Criminal Act;
1. Defendant B: An act of arranging sexual traffic with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is an unfavorable circumstance, where there are considerable social harm, such as the commercialization of sex and harm to the sound sexual culture and good morals, and Defendant A has the same criminal record.
However, in light of the fact that there is no record of punishment exceeding the fine, confession and reflective attitude toward the crime in this case, and other circumstances under Article 51 of the Criminal Act, the scope of recommended punishment in the sentencing guidelines, the period and frequency of the crime, etc., the punishment as set forth in the order shall be determined.