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(영문) 대구지방법원 2013.07.17 2013고정1549

풍속영업의규제에관한법률위반

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No person who runs an amusement business affecting the public morals shall distribute, sell, lend, watch, or peruse obscene materials.

Nevertheless, around 20:40 on April 30, 2013, the Defendant displayed a man-made pattern with an obscene material for sale at the “C” adult product shop operated by the Defendant in Daegu Northern-gu B, Daegu-gu, for the purpose of selling it.

Summary of Evidence

1. Partial statement of the defendant;

1. Scenic photographs;

1. A criminal investigation report (a report accompanied by enlarged photographs of obscenitys);

1. Application of Acts and subordinate statutes to the investigation report (the use of the self-defense organization);

1. Article 10 (2) and subparagraph 3 of Article 3 of the Act on the Regulation of Businesses Affecting Public Morals Affecting Punishment for Crimes, and Articles 10 (2) and 3 of the same Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;