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A defendant shall be punished by imprisonment for six 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
The Defendant is a person who operates a sexual traffic business establishment called "C" in the Gangseo-gu Seoul Metropolitan Government Btel 102 Dong 220.
On August 22, 2016, the Defendant received KRW 150,000 from D, which was found to be a customer at the above business establishment on August 22, 2016, and 40,000 to E, who is a female employee of the above business establishment, and arranged E to have sexual intercourse with D.
In addition, the Defendant arranged commercial sex acts by the aforementioned method from August 18, 2016 to August 22, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Each protocol concerning the examination of suspect of the police against D or E;
1. A investigative report (calculated of profits from sexual traffic);
1. Application of Acts and subordinate statutes by cutting off on-site photographs, female employees' mobile phones;
1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic concerning facts constituting an offense and Article 19 (2) 1 of the same Act;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Grounds for sentencing under 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 scope of the recommended punishment] and the basic area (from June to January and April) of the types of sexual traffic crimes subject to the age of 19 or older and the mediation, etc. of sexual traffic (the mediation, etc. of sexual traffic by business, giving and receiving prices, etc.) (no person subject to special sentencing];
2. An act of arranging sexual traffic with a certain sentence is a situation unfavorable to the Defendant, such as that a woman’s sex commercialization and undermining the sound sexual culture and good morals, and that a simple and strict punishment is necessary to prevent the spread of illegal sexual traffic business establishments and to establish a sound sexual culture, and that a considerable amount of criminal proceeds appears to exist.
However, considering the favorable circumstances, such as the fact that the defendant repents and reflects the wrong, the business period is relatively short, and the fact that there is no record of punishment for the same kind of crime, the age, sex, motive, means and result of the crime, after the crime is committed.