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A defendant shall be punished by imprisonment for not more than ten months.
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. Defendant A
A. The Defendant violates the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (hereinafter “E”), is a person who operates a business with a trade name “E” on the first floor of Gwangjin-gu Seoul Special Metropolitan City D.
From April 16, 2014 to April 22, 2014, from April 9, 2015, the Defendant received 8-100,000 won from the male grandchildren who found their places in the above E, and provided guidance to them, and had the female employees whose name cannot be known, in terms of giving 50,000 won out of the price, subjected to the condition that they would bring about the sexual organ of the customer, and caused them to feel.
Accordingly, the defendant was engaged in arranging commercial sex acts for business purposes.
B. Any person who violates the Medical Service Act shall not be allowed to massage for profit without being accredited as a massage, and the defendant and F shall not be accredited as a massage.
On April 9, 2015, the Defendant received KRW 100,000 from G from the customer G who found his place in the above E around 22:20 on April 9, 2015, and had employees F take care of telegraphs, such as G’s arms, shoulders, legss, etc.
Accordingly, the Defendant conspiredd with F to obtain the recognition of Marine without being recognized as a Marine.
Summary of Evidence
1. Defendant's legal statement;
1. Each police interrogation protocol against the accused, H, and F;
1. Application of the respective Acts and subordinate statutes of H, F and G;
1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., Articles 88 and 82 (1) of the Medical Service Act, Article 30 of the Criminal Act and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;
1. The basic area (referring to six months to one year and four months) of the sentencing criteria [the range of recommendations] and the basic area (referring to the mediation, etc. of commercial sex acts by giving and receiving prices, etc.) of the types of sexual traffic crimes subject to 19 years of age or older.