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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From January 2017, the Defendant: (a) leased No. 806 of the Yangcheon-gu Seoul Metropolitan Office Officetel No. 806 to employ female nationals of Thailand; (b) placed an advertisement for commercial sex acts against unspecified men on the Internet website “D”; (c) around March 27, 2017, the Defendant arranged commercial sex acts by having customers E who promised to do commercial sex acts on the Internet at the above location, receive 170,000 won for commercial sex acts from the said office; and (d) allowing them to sexual intercourse with the said female employees in the said office.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol of suspect interrogation of each police officer in relation to C and E;
1. Police seizure records;
1. Application of statutes governing field enforcement photographs;
1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., concerning facts constituting an offense, and Article 19 (2) 1 of the same Act (generally, selection of imprisonment with prison labor);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Grounds for sentencing in the former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;
1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and
2. Aggravation factors: Aggravation area of the recommended punishment according to the sentencing guidelines [the types of determination], brokerage, etc. of sexual trafficking crimes, such as brokerage, etc. of sexual traffic in the course of business and in exchange for consideration, etc. [the person subject to special sentencing]: In the area of increase (the area of recommendation and the scope of punishment), imprisonment for August to June.
3. Reasons for a suspended sentence [major reasons for a suspended sentence] negative: A positive act of arranging sexual traffic using an advertisement or a medium with high radio wave (general reasons for consideration): There is no criminal record for the same kind of act, and there is no criminal record for a suspended sentence of imprisonment or more, and it is obvious that the social relationship is
4. Determination of the sentence of sexual traffic does not have a significant social hazard, such as harming the sound sexual culture and good morals by commercializing women's sex, and there is a need for strict punishment against the business owner operating illegal sexual traffic establishments in order to prevent the spread of illegal sexual traffic establishments and to establish a sound sexual culture. However, the defendant's act of arranging sexual traffic is disadvantageous.