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(영문) 인천지방법원 2017.08.17 2017고단4610

풍속영업의규제에관한법률위반

Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the defendant in Incheon Bupyeong-gu

C. A person who operates an adult PC room in the trade name of “D” on the third floor.

No person who conducts public morals business shall allow another person to view or peruse obscene documents, drawings, movies, motion pictures, records, video products, or other obscene materials.

Nevertheless, from around December 2, 2016 to June 1, 2017, the Defendant installed nine rooms equipped with a computer capable of viewing obscene materials and a facility to have telephone conversations (one-namephone printing) with obscene materials from the aforementioned “D”, and let many unspecified customers, who have found the business place, view and peruse obscene videos exposed to the sexual organ of the male and female and engaging in sexual intercourse, and received KRW 5,000 per hour from customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to report the detection and internal investigation;

1. Subparagraph 2 (b) of Article 10 and subparagraph 3 (b) of Article 3 of the Act on the Regulation of Customs and Business under the relevant Article of the Act on the Regulation of Criminal Crimes;

1. Selection of an alternative imprisonment with prison labor (for treatment that remains in a fine in light of the nature of the crime and the accumulated criminal records of the same kind, it is difficult to sufficiently achieve the objectives under such punishment and the prevention of recidivism);

1. Article 62 (1) of the Criminal Act on the stay of execution ( considered the necessity for treatment within society in consideration of the will of rehabilitation and support relationship);

1. Protection and observation under Article 62-2 of the Criminal Act ( considered the necessity to prevent recidivism and to improve character and conduct);