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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
During the period from December 17, 2018 to December 27, 2018, the Defendant operated a business establishment in a manner that, as a person operating an entertainment drinking house under the trade name of “C”, the Defendant provided customers with alcohol and drinking in cases of receiving KRW 200,000 per customer, and paid KRW 18 million in advance, and paid KRW 60,000 to female employees D who employed them with sexual intercourse with customers.
Accordingly, the defendant arranged sexual traffic for business purposes.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);
1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Selection of Imprisonment with labor concerning facts constituting an offense;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Grounds for sentencing under the latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;
1. The scope of the recommended punishment according to the sentencing guidelines (the determination of types) shall be limited to the sexual traffic crimes that are subject to the age of 19 years or more;
(b) No brokerage, etc. for commercial sex acts (Type 2): Basic area (the scope of recommendation area and recommendation range) and imprisonment for six months to one year and four months (the grounds for suspension of execution of punishment) that there is no person who mediates commercial sex acts due to business, receipt of consideration, etc.;
2. The sentence shall be determined as ordered by taking into account the following factors: (a) the defendant's erroneous determination of the sentence is recognized and against the defendant; (b) the defendant has no criminal record of the same kind; and (c) the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime; and (d) various conditions of sentencing