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(영문) 서울중앙지방법원 2016.09.08 2016고정2178

청소년보호법위반

Text

Defendant shall be punished by a fine of KRW 3,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

"2016 High 2178"

1. No one shall install, attach or distribute, as media harmful to juveniles, any advertisement other than rooftops under the Outdoor Advertising, etc. Control Act in a place open to the general public through which they pass;

Nevertheless, around 22:00 on April 27, 2016, the Defendant: (a) inserted the phrase “D after the selection of a place” along the women’s pictures in front of the C hotel located in Seocho-gu Seoul Metropolitan Government, along with the pictures of the women; (b) carried out advertisements in which the phone number to arrange or suggest sexual traffic is inserted; and (c) distributed outdoor advertising materials, which are media harmful to juveniles, openly at a place where the general public passes.

[2016 Maz. 2505]

2. No one shall install, attach, or distribute outdoor advertising materials, among media harmful to juveniles, in any business establishment other than business establishments banned from allowing access by and employing juveniles or any place open to the general public;

Nevertheless, around May 23, 2016, around 22:30 on May 23, 2016, the Defendant, along with the young female photographs, stated the phrase “after the selection of a place,” and distributed approximately 20 copies of outdoor advertising materials to the public in a way that they spread off to four to five sides of outdoor advertising materials.

Summary of Evidence

[Judgment No. 1]

1. Statement by the defendant in court;

1. A written accusation;

1. Seized articles and photographs of evidence;

1. A protocol of seizure and a list of seizure [the facts of judgment No. 2];

1. Statement by the defendant in court;

1. A statement prepared by H;

1. Application of the Acts and subordinate statutes governing seized articles and evidence photographs;

1. Article 59 subparagraph 4 of the Act on the Punishment of Crimes and Article 19 (1) of the Act on the Protection of Juveniles Eligible for the Selection of Punishment for Crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. The order of provisional payment;