Text
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
From April 9, 2017 to February 28, 2017, the Defendant recruited an unspecified number of men to engage in sexual traffic at the heading room in the Gu-U.S. Btel, and through mobile phone display c, and arranged to engage in sexual traffic for business purposes over 12 times by receiving 150,000 won per time from the above men.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each police protocol of statement to D and E;
1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Article 30 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Social service order under Article 62-2 of the Criminal Act;
1. The grounds for sentencing under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic [Attachment 3.60,00 won (Evidence No. 201 pages). The scope of additional collection of the property acquired by arranging sexual traffic is limited to the profits actually acquired by the offender (see, e.g., Supreme Court Decision 2018Do8657, Jul. 26, 2018). Thus, even if the defendant was paid KRW 60,00 in return for arranging sexual traffic from D, insofar as 2.40,000 won is paid to F, it may be additionally collected by the defendant, as long as the defendant actually acquired,
1. Scope of applicable sentences under law: One month to seven years; and
2. Application of the sentencing criteria [Determination of types] basic area (the scope of the recommendation field and recommendation type], six months to one year and four months; and
3. The defendant's criminal liability is not somewhat weak in that the defendant's decision-making on the sentence allows a woman of sexual intercourse to engage in commercial sex acts several times and obtains the benefit therefrom;
However, it is advantageous to the fact that the defendant has recognized all crimes from the beginning of the investigation, and there is no previous difference between the defendant and the mediation period for commercial sex acts.