풍속영업의규제에관한법률위반
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to 500,000 won) is too unreasonable.
2. Although the crime of this case is deemed to be detrimental to the sound sexual culture and good morals, there is a device for the Defendant to allow the Defendant to view obscene video products in the guest room at the time of the Defendant’s acceptance of the entrance through television. The Defendant’s negligence showed that the Defendant had caused to commit the crime of this case, and there are circumstances for considering the circumstances leading to the Defendant to commit the crime of this case, the Defendant did not have any criminal record, and the Defendant’s age, sex behavior, environment, family relationship, etc., and all of the sentencing conditions specified in the records and arguments of this case, such as the Defendant’s age, sex, family relationship, etc., are too excessive and unfair. Thus, the Defendant’s assertion is with merit.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
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. A fine not exceeding 500,000 won to be suspended;
1. Article 70(1) and Article 69(2) of the Criminal Act (one-day calculation amount: one hundred thousand won);
1. Article 59 (1) of the Criminal Act of the suspended sentence;