A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who operates an adult telephone room with the trade name of "D" from the Incheon Gyeyang-gu building C and the fourth floor.

No person shall distribute, watch, view, or display for the purpose of perusal obscene documents, paintings, movies, phonograms, video products, or other obscene materials.

Nevertheless, on March 20, 2018, the Defendant installed a computer in the above phone room at around 20:00, and stored the above computer 'Mano' as an obscene video product on the hard disc, and received a fee of KRW 6,000 per hour from an unspecified number of customers who found the above phone and allowed them to view the video product.

As a result, the Defendant, who is engaged in public morals business, did not observe the rules to be observed at the public morals business place by having obscene video products watched at the place of business.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection and application of Acts and subordinate statutes to field photographs;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than three years;

2. 선고형의 결정 퓽속영업의 규제에 관한 법률 위반죄는 양형기준이 설정되어 있지 않다.

The defendant, who has been sentenced to imprisonment for six months and one year of suspended execution, did not know about the fact that he had been punished twice as the same crime, and did not go again to commit the crime of this case, and the nature of the crime is not good.

However, the defendant recognized the crime of this case and reflects his mistake in depth, the crime of this case is committed once by the defendant, and the defendant seems to have been less likely to repeat the crime because he did not operate a telephone room, and the defendant's age, sex, environment, and motive for the crime.