The defendant shall be exempted from punishment.

Punishment of the crime

(2) On December 28, 2012, the Defendant was sentenced to imprisonment with prison labor for 8 months or for 2 years of suspended execution on the grounds of a violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (obscenity), and the judgment became final and conclusive on January 5, 2013.

【Criminal Facts】

No person who carries on the amusement business affecting the public morals shall allow any person to view or peruse obscene documents, pictures, films, sound records, and other obscene materials at a place where he carries on the business affecting the public morals

From August 20, 201 to February 14, 2012, the Defendant: (a) linked the PC to the PC “D”; (b) linked the PC to the PC of the manager and the 13 guest PC installed to access the Internet; and (c) assigned the room to the unspecified number of customers who find the above PC by receiving the usage fee of KRW 5,000 per hour; and (d) in the event the customer executes the application program on the PC on the PC-based screen without any separate certification procedure, the Defendant allowed the customer to view and peruse obscene video products by connecting the sexual relationship between both men and women to the site on which obscene obscenity can be seen as obscene.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police interrogation protocol to E;

1. Relevant Article on criminal facts: Articles 10(2) and 3 subparag. 3(b) of the Act on the Regulation of Businesses Affecting Public Morals;

A. 1. Concurrent Handling and Exemption of Punishment: The crime of this case is concurrent with the crime of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. as indicated in the judgment, and thus, the mitigation or exemption of punishment should be considered in consideration of equity with the case where the said crime is adjudicated at the same time. Considering the criminal facts of the crime for which a judgment has become final and conclusive (such as displaying obscene images from the same adult PC room to July 30, 2012), such as displaying obscene images while conducting business from February 15, 2012 to July 30, 2012, and all the circumstances against the criminal facts of this case and the Defendant, the crime of this case becomes final and conclusive.