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(영문) 광주지방법원 2014.09.03 2013고정2379

풍속영업의규제에관한법률위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who operates an adult PC in the name of "C" in Gwangju Northern-gu B, Gwangju, and a person who operates an amusement business affecting the public morals shall not distribute, sell or lend obscene documents, drawings, motion pictures, video products, or other obscene materials, or allow him/her to view or peruse them at a place where the person conducts an amusement business affecting the public morals.

Nevertheless, at around 16:20 on November 28, 2012, the Defendant installed 12 guest rooms at the store, installed one computer main body, one monitor, and one telephone flag, respectively, and had D (45 years of age) who was found to be a customer with a fee of KRW 5,00 per hour, etc., view obscene videos (so-called "so-called ex-mail of war") in which sexual acts between men and women are described by using monitors.

A person who operates an adult PC in the name of "C" in Gwangju Northern-gu B, Gwangju, and a person who operates an amusement business affecting the public morals shall not distribute, sell, or lend obscene documents, drawings, motion pictures, video products, and other obscene articles, or allow other persons to view or peruse them at a place where the business affecting the public morals is conducted, or display or keep them for the purpose of distribution, sale, lending, viewing or perusal.

Nevertheless, at around 16:20 on October 24, 2012, the Defendant received a charge for using KRW 5,000 per hour from the 6 guest rooms among the 10 guest rooms of the said business establishment, and had the Defendant view obscene video (one-person prisoner’s newspaper) through monitors, wherein sexual acts between men and women stored in the file on the computer, etc. were described.

Summary of Evidence

"2013 High Court 2379"

1. Police suspect interrogation protocol of the accused;

1. Each statement of E and D;

1. Data of photographic pictures of suspect business places "2013, 2380";

1. Police suspect interrogation protocol of the accused;

1. Seizure records;

1. Application of the Acts and subordinate statutes on photographic materials;

1. Act on the Regulation of Amusement Businesses Affecting Criminal Facts, respectively;