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(영문) 대전지방법원 2014.09.04 2014고정997

풍속영업의규제에관한법률위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who has operated a satellite broadcasting receiver in a lodging facility with the trade name of C, and has operated a satellite broadcasting receiver.

A business operator affecting the public morals may not distribute, sell, lend, view, peruse, or display or keep obscene documents, drawings, films, phonograms, music records, video products, and other obscene materials for their intended purposes. However, the Defendant did not comply with the customs by allowing many unspecified guests to view obscene materials in collusion with the said F by allowing them to view obscenity, where two channels are selected from each 24 guest rooms at the request of the business operator F of the said Ecom, which is the amusement business operator affecting the public morals, at around February 15, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Application of each statute on photographs;

1. Article 10(2) and Article 3 subparag. 3 of the Act on the Regulation of Amusement Businesses Affecting Public Morals for Crimes, Articles 10(2) and 3 of the same Act, Article 30 of the Criminal Act, and the

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant does not have the same criminal record, confession and reflect in depth.

Here, considering all the circumstances such as the defendant's age, character and conduct, health, home form, means and result of the crime, and circumstances after the crime, the punishment as ordered shall be determined.