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(영문) 부산지방법원 2016.04.20 2016고정341

풍속영업의규제에관한법률위반

Text

Defendant shall be punished by a fine of three million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

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

Nevertheless, around 16:15 on October 30, 2015, the Defendant installed three rooms in the form of smugglinged in D operated by the Defendant located in Busan Shodong-gu, and installed a network system to play a sexual intercourse with a man and woman living in a computer in each room so that they can play a obscenity video, and provided visitors visiting the establishment with 5,000 won per hour so that they can view and peruse obscene videos and receive 5,000 won per hour, thereby violating the rules of customs by providing them.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement from the defendant and each person in preparation of E;

1. A protocol of seizure and a list of seizure;

1. On-site photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act on the Regulation of Preliminary Business, and Articles 10 (2) and 3 subparagraph 3 (b) and Article 3 of the Act on the Regulation of Preliminary Business, concerning facts constituting an offense;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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