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(영문) 대구지방법원 2016.11.22 2016고단4777
풍속영업의규제에관한법률위반
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

No person who carries on the amusement business on the business affecting the public morals in the name of "C on the Daegu Water-gu B and 3th floor," and no person who carries on the business affecting the public morals, shall allow any person who carries on the business affecting the public morals to view or peruse the obscene documents, pictures, sound records, and other obscene materials

On September 14, 2016, the Defendant: (a) linked the server computer with which obscene videos are stored in the “C” adult computer to the customer computer, and (b) allowed D, the customer, who found the business place, to receive the user fee of KRW 5,000 per hour, to access the computer and to view obscene videos.

Accordingly, the defendant allowed to peruse obscene videos at a place where the amusement business affecting the public morals is conducted.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of the control report on the public morals place of business and field control photographs;

1. Application of Acts and subordinate statutes to report internal investigation and appendix thereof (No. 5 through 7 of the evidence list);

1. Article 10 (2) and subparagraph 3 of Article 3 of the Act on the Regulation of Amusement Businesses Affecting Criminal Facts, and Articles 10 (2) and 3 of the same Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act - Reasons for sentencing favorable to the probation: Contrary to reflectivity, living expenses, and hospital expenses for the elderly, which led to the instant crime; unfavorable circumstances: Five times the same criminal punishment records, including the criminal records before the same suspended sentence. Other factors of sentencing as indicated in the records of the instant case, such as the Defendant’s age, character and behavior, health conditions, home environment, motive, means, consequence, etc., are considered.

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