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(영문) 대구지방법원 서부지원 2016.06.08 2016고정342
풍속영업의규제에관한법률위반
Text

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;

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