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(영문) 대전지방법원 천안지원 2013.05.09 2013고정205

풍속영업의규제에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person operating the Seo-gu B telephone room in Seoan-gu, Seoan-si, and the Defendant engaged in the amusement business even if he/she was prohibited from distributing, selling, lending, viewing, or keeping obscene documents, pictures, sound records, video products, or other obscene materials for the purpose of perusal. However, from September 1, 2012, he/she installed CCTV, etc. to avoid control at the above workplace from around September 1, 2012, and installed computers, monitors, telephone calls, chairs, etc. with 7 computers installed in each smuggling room on November 21, 2012 when he/she operated the said phone room, and installed a communication network, etc. to connect one server computer with 7 computers installed in each smuggling room with obscene materials stored, and stored obscenity with obscene materials stored in the said computer room for 20 hours, and 30 hours from among those stored in the said computer room.

Summary of Evidence

1. Defendant's legal statement;

1. C’s self-written statement;

1. On-site (control), photographs, records of seizure and the list of seizure, details of enforcement, investigation reports (control and reporting on suspects) and the application of Acts and subordinate statutes;

1. Article 10 (2) and subparagraph 3 of Article 10 of the Act on the Regulation of Businesses Affecting Public Morals Affecting Punishment on Criminal Facts, 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;