Text
A defendant shall be punished by imprisonment for not less than two months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On December 13, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor and two years of suspended execution, and the judgment became final and conclusive on December 21, 2017, by the Changwon District Court on December 13, 2017.
[Criminal facts]
1. On April 2016, the Defendant: (a) received KRW 150,00 won as the price for sexual traffic from Sc and 150,000,000 from S and D’s house located in Kimhae-si B 303, and engaged in sexual traffic once, from S and D, through mobile phone-rating c.
2. On September 9, 2016, the Defendant: (a) received KRW 20,00 as the price for the sexual traffic from G in Manndong G and engaged in sexual intercourse on one occasion through a mobile phone-rating pole “D” inside the Felel room located in Kimhae-si, Kim Jong-si; (b) around September 23:20, 2016.
3. On November 13, 2016, the Defendant: (a) received KRW 100,00 as the price for sexual traffic from the J in the first time and engaged in sexual traffic on a single occasion through the mobile phone-type display box (D) within 606 mobile phones from the G in the first time in the 2016 G Kimhae-si.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of each police suspect against C, J and G;
1. Previous convictions: A written inquiry about criminal history, details of inquiry about consolidated cases, and application of the text of the judgment (the Changwon District Court 2017 High Court 3396 High Court Order 3396);
1. Article 21 (1) of the Act on the Punishment of Acts, such as Mediation, etc. of Sexual Traffic, concerning facts constituting an offense, and Article 21 (1) of the same Act;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
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. The reason for sentencing under Article 62(1) of the Criminal Act, even though the defendant had a record of being punished for the same kind of crime, has continued to commit the same crime.
However, the defendant is against his mistake and seems to have committed the crime of this case with the aim of punishing living expenses.
In addition, each of the crimes of this case must consider equality in cases where the judgment is to be judged simultaneously with the crime of previous conviction in which the judgment has become final and conclusive.
In addition, the age, sex, environment, motive, means and result of the crime of the defendant.