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(영문) 인천지방법원 부천지원 2013.12.11 2013고정1465
풍속영업의규제에관한법률위반
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a business place affecting the public morals of each other, called “E”, located on the 3th floor of the building in Bupyeong-gu, Seoul Special Metropolitan City.

No person who carries on the amusement business affecting the public morals and his/her employees, shall have any person carry on the amusement business affecting the public morals, or mediate or provide it at a place where it carries on the amusement business affecting

Nevertheless, on May 24, 2013, F, G, an employee of the Defendant, committed obscene acts, such as singing in the said three places of business from around 21:00 to 22:15 on the same day, by means of singing together with the said three places of business with H and one other, a customer, and the said points are less than 100 points, and singing in the body, etc.

Accordingly, the Defendant, as his employee, engaged in obscenity in relation to the Defendant’s business at the above time and place.

Summary of Evidence

1. Each legal statement of the witness H, G, and F;

1. An interrogation protocol of F by prosecution;

1. Application of the police interrogation protocol of F and G to each police interrogation protocol;

1. Articles 12, 10 (2), and 3 subparagraph 2 of the Act on the Regulation of Businesses Affecting Public Morals on Crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the assertion of the defense counsel under Article 334(1) of the Criminal Procedure Act, the defense counsel testified that the defendant provided that he/she does not work against the law, such as customers and obscene acts, to the members of the ordinary Do, and that he/she provided considerable attention and supervision for the prevention of obscenity, etc. by posting a notice that emphasizes that he/she does not engage in illegal sexual acts, etc. in the entrance room, waiting room, emergency room, etc., and that he/she provided considerable attention and supervision for the prevention of obscenity, etc., so he/she testified that he/she does not memory, and that the F testified that he/she does not perform his/her duties, while working in the Do, and that he/she took precautions from the defendant, and that he/she testified that G was the content that he/she does not demand obscenity, etc. from customers and the customers, and that he/she was the content that he/she

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