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(영문) 부산지방법원 2016.04.20 2016고정889

풍속영업의규제에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates game producing business and video watching room business under the trade name of “C” in Busan Northern-gu B, and engages in public morals business.

No customs business operator shall allow any person to view or peruse obscene documents, drawings, movies, motion pictures, records, video products, or other obscene materials at his/her place of business.

Nevertheless, from November 1, 2015 to around 21:34 of the same month, the Defendant received KRW 5,000 per hour from customers who were unable to know the name of visiting the above room by using a computer installed at the above room from police officers, and provided them with obscene images of sexual intercourse so that men and women can see them.

Summary of Evidence

1. Statement by the defendant in court;

1. Written confirmation of the draft D;

1. Photographs showing and reporting the detection of business places in violation of Acts and subordinate statutes and the scene of regulation;

1. Application of Acts and subordinate statutes to a criminal investigation report (on-site situations, etc. at the time of mobilization);

1. Article 10 (2) and subparagraph 3 (b) of Article 3 of the Act on the Regulation of Selective Business for Crimes and the Regulation of Preliminary Punishment (Selection of Penalty)

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;