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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
The Defendant is the owner of a "C" sexual traffic business establishment located in Ulsan-gun B and 4, Ulsan-gun, and D is the employee employed at the above business establishment.
1. The Defendant violated the Act on the Punishment, etc. of Arrangement, etc. of Commercial Sex Acts (sexual traffic) committed sexual traffic over several times from the end of February 2017 to May 31, 2017 by receiving 100,000 won from female customers from the said “C” business establishment to the same end of May 31, 2017.
2. Around February 2017, the Defendant violated the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic (hereinafter “C”), established five rooms for engaging in sexual traffic and two shower rooms at the above “C” businesses. In the event of engaging in sexual traffic, the Defendant employed female employees on the condition that 50,000 won, out of the 10,000 won received from customers, and provided facilities for engaging in sexual traffic. From that time on May 31, 2017, the Defendant arranged the said business establishments to receive 10,000 won from the non-regular male and to receive 10,000 won, and arranged the said male and the said employees D, etc. to engage in sexual traffic.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to field photographs, arrest reports on occurrence of cases, and investigation reports;
1. Article 19 (2) 1 and Article 21 (1) of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., concerning facts constituting an offense, and Articles 19 (2) 1 and 21 of the same Act, and selection of imprisonment with labor;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The basic area (from June to April, 1) of the types of sexual traffic crimes subject to the age of 19 or older, the scope of which is set forth in the sentencing guidelines, including mediation, etc. of sexual traffic (referring to mediation, etc. of sexual traffic by business, giving and receiving prices, etc.);
2. Circumstances unfavorable to the reasons for sentencing: The favorable circumstances, such as the fact that the defendant has the record of punishing the same kind of fine: The defendant reflects the crime of this case, the gains acquired by this case are not visible, and the defendant's health is not good, etc., other than the defendant's age, sex, motive for the crime, means, and means.