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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Basic Facts] The Defendant is a person who operates a business with a mutual marina in B and C, “C,” at the time of harmony.
【Criminal Facts】
On July 18, 2019, the Defendant: (a) received 220,000 won in cash from 20,000 won to 20,000 won from 200,000 won from 10,000 won to 20,000 won from 20,000 won to 20,000 won from 20,000 won from 20,000 won to 200, and (b) arranged commercial sex acts from 20,000 to 30,000 to 20,000.
Summary of Evidence
1. Partial statement of the defendant;
1. Examination protocol of the accused by the prosecution (excluding the part where the accused denies the substantial authenticity);
1. Records of seizure and the list of seizure;
1. Application of Acts and subordinate statutes to a report on investigation (with respect to the circumstances in which the seizure of a cell phone owned by a suspect A is not submitted);
1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense and the punishment;
1. Article 62 (1) of the Criminal Act;
1. Social service order under Article 62-2 of the Criminal Act;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic [Calculation of Additional Collection - Of the suspect's interrogation protocol against the defendant presented by the prosecutor as the basis of the additional collection amount seeking additional collection, the part of the defendant's statement on the business profits of the defendant among the suspect's interrogation protocol against the defendant presented by the prosecutor as the basis of the additional collection amount, shall be denied the actual authenticity, and there is no other evidence to acknowledge the authenticity, and thus, it shall not be admitted as evidence. Therefore, profits earned by arranging sexual traffic at the business place operated by the defendant shall be 11,616,00 won recognized
On the other hand, the defendant's defense counsel asserts that the defendant should operate the above business and deduct the rent, management fee, and water tax paid from the above business profits.