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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On September 15, 2017, the Defendant was sentenced to a suspended sentence of two years and a fine of ten million won for the ten-month period, and the above judgment was finalized on December 8, 2017.
In addition to the indictment, C is the owner of a sexual traffic business establishment called "D", and the defendant is the head of the above business establishment.
In collusion with the above C, from October 12, 2016 to March 10, 2017, the Defendant: (a) leased the heading office 207 of the building E in Seoul Special Metropolitan City and the F 305 of the building F in Seoul Special Metropolitan City; (b) employed two employees in commercial sex acts such as “G”, etc.; and (c) advertised the said place of business on the advertisement site of the commercial sex acts such as “G,” etc.; and (d) the Defendant provided guidance to the heading room where the female employees waiting for commercial sex acts are waiting for commercial sex acts by providing guidance to the commercial sex acts in which the female employees are waiting for commercial sex acts.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the suspect of the defendant or C by the prosecution;
1. A protocol concerning the interrogation of suspect C by the police;
1. Investigation report (Presumption of Proceeds from a business establishment engaged in DNA sexual traffic);
1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes of investigation report (the confirmation of a case among criminal trials of the same kind A as the suspect);
1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Article 30 of the Criminal Act;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The period of participation of the Defendant in the instant crime is shorter than five months, on the grounds of sentencing under Article 62(1) of the Criminal Act, of the suspended sentence.
However, the defendant reflects the defendant and the violation of the Act on the Punishment of Acts, such as brokerage, etc. of sexual traffic for which the judgment has become final and conclusive, taking into account equity with the case where the judgment was rendered, and taking into account the defendant's age, sexual conduct, environment, motive and result of the crime, the circumstances after the crime, etc., and taking into account all of the sentencing conditions as stated in the argument of this case.