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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is a person who runs a business custom with the trade name “C” in Daegu Suwon-gu B.
No person who conducts public morals business shall allow another person to view or peruse obscene documents, drawings, movies, music records, video products, or other obscene materials at a place where the business is engaged in public morals.
Nevertheless, around 16:30 on March 11, 2016, the Defendant: (a) had a server computer with obscene videos stored in the “C” connected with a computer for customers, and (b) had the room visitors receive 5,000 won per hour from the user fee of 5,000 won; and (c) allowed the room visitors to view obscene videos.
Accordingly, the defendant allowed perusal of obscene videos at a place where public morals business is conducted.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes of police seizure protocol and list of seizure (including photographs attached thereto);
1. Article 10 (2) and subparagraph 3 of Article 3 of the Act on the Regulation of Selective Business for Criminal Crimes and Articles 10 (2) and 3 (Selection of Penalty) of the same Act;
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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;