풍속영업의규제에관한법률위반
A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
No person who conducts public morals business shall allow any person to view or peruse obscene documents, drawings, motion pictures, records, video products, or other obscene materials.
Nevertheless, on August 23, 2017, the Defendant: (a) stored obscene videos in the Internet phone room of “C” operated by the Defendant on the 23:00 Guri-si B and 2 level; (b) stored obscene videos in the computers installed in eight guest rooms; and (c) paid a charge of 6,000 won per hour to unspecified customers who found the place; and (d) allowed them to view obscene videos with charges of 6,00 won per hour.
Summary of Evidence
1. Statement by the defendant in court;
1. On-site and obscene materials photographs;
1. Application of statutes on business registration certificates;
1. Relevant Article of the Act on the Regulation of Preliminary Business for Crimes and Articles 10 (2) and 3 subparagraph 3 (b) of the Act on the Regulation of Preliminary Business for Punishment and Selection of Imprisonment;
1. Even though there was a record of punishment for the same crime four times at the same place as the grounds for sentencing under Article 62(1) of the Criminal Act, consideration of unfavorable circumstances, such as the fact that the instant crime was committed, the fact that there was no criminal record exceeding the fine, and favorable circumstances, such as the closure of business on December 2, 2017, etc.