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수원지방법원 2016.04.20 2016고단695

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.


Punishment of the crime

In spite of the fact that no one does act of similarity with an unspecified person in return for receiving or promising to receive money, valuables and other property benefits, he/she shall not act of arranging the act of similarity by using parts of body such as hand and mouth, etc., on February 15, 2016, the defendant arranged commercial sex acts, etc. by having a male customer with facilities such as three studs in Suwon-si, Suwon-si, 101 Dong 807, and two studs in shower rooms, and having a female employee C, etc. to report on Internet advertisement, and having him/her visit the Internet advertisement, he/she received 50,000 won in price of commercial sex acts and provided guidance to the female employee to repeat the sexual organ of a male by his/her hand and mouth.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D, E, and C;

1. On-site photographs;

1. Application of seizure records and list statutes;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, and selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The reason for the sentencing of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic [the scope of the punishment of recommendation] is that there is no person [the person who is subject to special sentencing] in the basic area (six months to one year and four months) such as arranging commercial sex acts, etc. (the mediation of commercial sex acts, etc. by business or receipt of consideration) [the decision of sentencing] 8 months of imprisonment, the two years of suspended sentence is discovered as a crime of arranging commercial sex acts from November 2015 to December 20, and it is reasonable to ask the person who committed the crime of this case, in that the defendant committed the crime of this case, where the place is moved to another place without any final criminal punishment after the discovery, and the punishment of the court is not imposed, it is reasonable to ask the person subject to punishment heavier than that of this case. However, the punishment of this case has been maintained for more than two years, and the size of the business of arranging commercial sex acts of this case has been somewhat low.