Text
Defendant
A shall be punished by imprisonment with prison labor for up to eight months and by a fine of up to two million won, and by imprisonment with prison labor for up to four months.
Defendant
A above.
Reasons
Criminal facts
Defendant
A In Geumcheon-gu Seoul Metropolitan Government, A had facilities, such as boom and Red Sea, in the building located in Geumcheon-gu, and operated a commercial sex trafficking business establishment with the trade name of "D", and Defendant B was working for the said "D" as an employee.
At around 22:00 on May 11, 2017, the Defendants conspired to arrange commercial sex acts for business from April 2017 to May 15, 2017, by guiding female employees F, who are in the atmosphere, to engage in the act similar to the above E, and allowing F to engage in such act.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each protocol of suspect examination of the police against E or F;
1. Application of Acts and subordinate statutes to photographs on control;
1. Relevant Article of the Act and the choice of punishment for the crime;
(a) Defendant A: Article 19(2)1 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, Etc., Article 30 of the Criminal Act, choice of imprisonment, and concurrent imposition of fines (Article 24 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, Etc.);
B. Defendant B: Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts; Article 30 of the Criminal Act; Articles 30 of the Criminal Act; and choice of imprisonment
1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. Suspension of execution;
A. Defendant A: Article 62(1) and 62(2) of the Criminal Act (the following extenuating circumstances among the grounds for sentencing);
B. Defendant B: Article 62(1) of the Criminal Act (The following extenuating circumstances are considered for the reasons for sentencing)
1. Defendant B: The former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.;
1. Defendant A: The act of arranging sexual traffic for the reason of sentencing under Article 334(1) of the Criminal Procedure Act requires to be strictly eradicated because of the lack of social harm and injury, such as the commercialization of women’s sex, which may undermine sound sexual culture and good morals; and considering not only the Defendants engaged in the business of arranging sexual traffic systematically but also the fact that the size of the business is not small, etc., the Defendants’ criminal liability is not weak.
In particular, Defendant A shall be subject to the instant case.