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(영문) 서울북부지방법원 2013.03.12 2013고정237
풍속영업의규제에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Gohap 2013 and 237

1. No person carrying on the amusement business affecting the public morals shall allow to view and peruse obscene documents, drawings, films, sound records, and other obscene materials within his/her business establishment;

Nevertheless, from November 2008 to August 28, 2012, the Defendant violated the code of practice of the amusement business operator by installing nine computers in nine rooms from the Gangnam-gu Seoul Metropolitan Government B telephone room, storing Pono video, and allowing many unspecified customers to view Pono video by receiving KRW 5,000 per hour.

The order of dismissal 2013 and 54

2. No person operating an amusement business affecting the public morals shall allow any person to view or peruse obscene documents, drawings, films, sound records, video products, and other obscene materials, or display or keep them for the purpose of distributing, selling, lending, viewing or viewing;

Nevertheless, around 20:45 on October 18, 2012, the Defendant installed 9 rooms, 10 computers, and 3 telephone units in Gangnam-gu Seoul Metropolitan Government B telephone, and stored Manono-dong images, and had many unspecified customers, such as customers C, view Mano-dong images by receiving KRW 5,000 per hour.

Summary of Evidence

The fact of No. 1 at the time of sale

1. Defendant's legal statement;

1. Each written statement of D and E;

1. The fact of paragraph (2) at the time of printing the police records and the list of seizure;

1. Defendant's legal statement;

1. A written statement of C and F;

1. The police seizure record and the list of seizure;

1. Application of statutes governing field control photographs;

1. Article 10(2) and Article 3 subparag. 3(b) of the Act on the Regulation of Amusement Businesses Affecting Public Morals for Criminal Facts and the Punishment of Punishment, Etc. (Article 10(2) and Article 3 subparag. 3(b) of the Act on the Regulation of Amusement Businesses Affecting Public Morals for the Determination of Punishment of Crimes (Article 10(2) (Article 10(3)

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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