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(영문) 의정부지방법원 2013.08.07 2013고정742

풍속영업의규제에관한법률위반

Text

A defendant shall be punished by a fine of 600,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

C is the business owner of the "E" (E) of the 3rd floor of the D Building at the Government of the Gyeonggi-do Government, and the defendant A is the head of the office who resides in the above business.

No person who carries on the amusement business affecting the public morals, and his/her employees, shall have him/her do any obscene act, or mediate or provide it.

Nevertheless, in collusion with C, from August 15, 2012 to November 27, 2012, C was divided into partitionss from the above E, and 5 independent rooms were installed in the secret room form due to being equipped with a small wave, suspension, etc., and the Defendant was employed as the chief of office, G as employees, and arranged and provided customers at the above business place for the above period of time with obscene acts, such as arranging and providing customers with the manager’s chest and buckbucks, etc., and the Defendant was in charge of the above business place for the above period of time, and the Defendant provided the unspecified male grandchildren, who were found to be the business place, with 70,000 won and 70,000 won per hour, and provided them with an obscene conversation and buckbucks, etc., by arranging and providing them with obscene acts, such as having their chest and buckbucks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. On-site photographs and internal photographs;

1. A copy of the invoice of a case;

1. Application of statutes on investigation reports;

1. Articles 10 (2) and 3 subparagraph 2 of the Act on the Promotion of Amusement Businesses Affecting Criminal Facts, the selection of fines, and the selection of fines;

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

1. The defendant and his defense counsel argued that the defendant's act of working in the key room does not constitute obscenity since the kis room that the defendant worked as the chief of office is a male guest and female employee, and the female employee merely put the chests and bucks around the clothes without his escape, and the defendant's act of working in the key room does not constitute obscenity.

“obscenity” as prescribed by the Act on the Regulation of Amusement Businesses Affecting Public Morals.