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(영문) 서울동부지방법원 2014.05.13 2014고단797
풍속영업의규제에관한법률위반
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 1,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A on February 13, 2013, the Seoul Eastern District Court was sentenced to one year of suspension of execution on April 21, 2013 due to a violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (obscenity distribution) by the Seoul Eastern District Court.

Defendant

A is the owner of "Ephone" in Songpa-gu Seoul Metropolitan Government, and Defendant B is the employee of the above business establishment, and any person who operates the amusement business affecting the public morals shall not allow to view or peruse obscene documents, pictures, films, sound records, and other obscene materials at a place where the amusement business affecting the public morals is conducted.

Nevertheless, from February 15, 2014 to February 25, 2014, the Defendants conspired to store sexually related video images in the above phone with the two main computers, and sent obscene video images to each room’s computer using the network, thereby allowing many unspecified customers who visited the above business to view and peruse obscene video images.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on the control of a business place;

1. Seizure records;

1. Photographs;

1. Previous records of judgment: Inquiries into inquiries and the application of Acts and subordinate statutes (No. 89 pages);

1. Article 10 (2), subparagraph 3 (b) of Article 3 of the Act on the Regulation of Amusement Businesses Affecting Public Morals, and Article 30 of the Criminal Act: Articles 10 (2) and 3 subparagraph 3 (b) of the same Act on the Regulation of Amusement Businesses Affecting Public Morals, and Article 30 of the Criminal Act

1. Defendant B of detention in a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. A defendant who is subject to confiscation: Article 48 (1) 1 of the Criminal Act;

1. Defendant B of the provisional payment order: Defendant A with the reason for sentencing of Article 334(1) of the Criminal Procedure Act, once the indictment is suspended due to the same crime, once a fine is imposed, and once a suspended sentence has been served, shall again commit this case during the period of the suspended sentence.

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