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(영문) 부산지방법원 2017.10.26 2017고정1836

풍속영업의규제에관한법률위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

No person who conducts public morals business shall allow to view or peruse obscene documents, drawings, movies, records, video products, or other obscene materials at a place where the business is engaged in public morals.

Nevertheless, from October 2016 to January 6, 2017, the Defendant violated the rules of good customs by linking the server computers in which women and men are in a similar sexual intercourse with the computers of customers and allowing them to view obscene videos by accessing the computers with fee of KRW 6,000 per hour, which are operated by the Defendant from October 2016 to January 6, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes on investigation reports (nine pages of investigation records, such as site photographs);

1. Article 10 (2) and subparagraph 3 (b) of Article 3 of the Act on the Regulation of Selective Business for Crimes and the Regulation of Preliminary Punishment (Selection of Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;