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(영문) 서울중앙지방법원 2017.03.07 2016고정4210

풍속영업의규제에관한법률위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A is a person who operates a "C" adult computer in Gwanak-gu, Seoul. B 302.

No person who conducts public morals business shall allow another person to view or peruse obscene documents, drawings, movies, videos, video products, or other obscene materials at a place where the business is engaged in public morals.

From May 8, 2015 to October 15:30, 2016, the Defendant operated the said adult computer room, and allowed unspecified customers to view obscene video products on the screen on the basis of one hour’s own computer monitors, receiving KRW 6,000-15,00 per hour’s 6,00-15,000 per each computer screen, and allowing them to use it.

Summary of Evidence

1. Statement by the defendant in court;

1. The police criminal place;

1. Reporting on occurrence of the police (the Act on the Regulation of Customs Business);

1. On-site photographs of the business establishment;

1. Application of statutes on photographic data of business registration certificate;

1. Relevant Article of the Act on the Regulation of Preliminary Business, and Articles 10 (2) and 3 subparagraph 3 (b) and Article 3 of the Act on the Regulation of Preliminary Business, concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;