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red_flag_2(영문) 수원지방법원 여주지원 2008. 9. 4. 선고 2007고정215 판결

[영화및비디오물의진흥에관한법률위반·풍속영업의규제에관한법률위반][미간행]

Escopics

Defendant

Prosecutor

Suspension Decree

Defense Counsel

Attorney Dong Dong-seop

Text

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

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for a period calculated by converting 50,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

Defendant,

1.No person may offer a classified video product for viewing or display or keep it for this purpose;

On February 21, 2007, at the “○○○○○○○,” the Defendant’s location (detailed address omitted) located in the business of Gyeonggi-gu, Gyeonggi-do on February 18, 2007, received the obscenity-based obscenity video products, which was not classified, in a satellite from Nonindicted Co. 1 to view them for viewing, and let customers under the name of the non-indicted Co. 1 view them;

2. Notwithstanding that they are not allowed to view or peruse obscene movies, videos, etc. at a public morals establishment, or display or keep them for this purpose:

At the same time and place of the business place, the person who runs the amusement business affecting the public morals violates the code of practice by allowing customers under his name to view obscene video products in the above manner.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol against the defendant and non-indicted 2

1. Each report on the offender's domicile;

1. Each report on investigation;

1. Notification of detection of places of business violating the Public Health Control Act, etc., statement of control, and report on control of public morals;

1. A certified copy of a business report;

1. Scenic photographs;

Application of Statutes

1. Article applicable to criminal facts;

Article 95 subparagraph 6 of the Promotion of Motion Pictures and Video Products Act, and Article 53 (1) 1 of the same Act

Articles 10(2) and 3 subparag. 2 of the Act on the Regulation of Amusement Businesses Affecting Public Morals

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Selection of Fines

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

It is so decided as per Disposition for the above reasons.

Judges Yuk-gu