[음반에관한법률위반][공1990.9.15.(880),1834]
Whether an act of using obscene video tape in a inn constitutes an act of using it in a place where many and unspecified persons can view it under Article 10 of the Music Records Act (affirmative)
The lower court’s decision that maintained the first instance judgment that applied Article 10 of the Music Records Act on the ground that the Defendant used the obscene video tape in the instant in a place where many and unspecified persons can view it is justifiable.
Article 10 subparagraph 2 of the Music Records Act
Defendant 1 and one other
Defendants
Jeju District Court Decision 90No16 delivered on April 26, 1990
All appeals are dismissed.
We examine the Defendants’ grounds of appeal.
Upon examining the reasoning of the judgment below in light of the records, the court below acknowledged that the obscene video tapes of this case were used by many and unspecified persons for viewing places, and accepted the measures of maintaining the judgment of the court of first instance that applied Article 10 of the Music Records Act with respect to the defendants' acts, and there is no misapprehension of the legal principles as to places where many unspecified persons can view, such as the theory of lawsuit. We do not agree.
Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Justices Lee Chang-chul (Presiding Justice)