Text
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
The Defendant is a person who operates a marina business from March 27, 2018 to June 9, 202 with the trade name of ‘D'.
On June 9, 2020, the Defendant: (a) directed the police officer who pretended to be customers at the above business establishment as well as 70,000 won as a smuggling, and (b) led employees E to engage in the act of similarity with the method of leading them to scambling sexual organ under the influence of the sexual organ by hand after being carried into a smuggling; (c) from May 28, 2020 to June 9, 2020, the Defendant had the above E receive KRW 1 to 780,000 from the two-three days to the two-three days.
Accordingly, the defendant committed commercial sex acts for business purposes.
Summary of Evidence
1. Application of Acts and subordinate statutes to on-site photographs, lease contracts, business registration certificates, notification of content certification, notification of removal certificate of the defendant's legal statement E;
1. Articles 19 (2) 1 and 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Selection of Imprisonment with prison labor concerning facts constituting an offense;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;
1. The scope of punishment by law: One to seven years of imprisonment;
2. Scope of recommendations according to the sentencing guidelines (decision of types), types of sexual traffic crimes, types 2 (Mediation, etc. of sexual traffic by business, receipt of consideration, etc.) (the scope of recommendations and recommendations), basic areas of punishment, six months to one year and four months;
C. Determination of sentence: The sentence shall be determined as ordered in consideration of the fact that the defendant has no record of punishment exceeding the fine, given that he/she had been sentenced to imprisonment in a lump sum in light of the criminal records of the defendant, and that he/she has no record of punishment exceeding the fine.