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(영문) 서울중앙지방법원 2018.10.04 2018고정1935
풍속영업의규제에관한법률위반
Text

Defendant

A A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a business owner who operates a adult c and second floor of Jongno-gu Seoul Metropolitan Government with the trade name "D," and Defendant B is an employee who works in the above c and second floor.

No person who conducts public morals business and persons engaged in such business as prescribed by Presidential Decree shall allow any obscene documents, drawings, pictures, motion pictures, records, video products, or other obscene materials to be perused or perused at a place where public morals business is conducted.

Nevertheless, the Defendants jointly received obscene videos from July 2017 to March 21:30, 2018 from around July 2018, and stored them on the screen server on the computer-based screen. However, the Defendants received 5,000 won per hour from many unspecified customers and allowed them to view obscene videos.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on detection (control against adult scambling) and a report on intelligence investigation;

1. Application of Acts and subordinate statutes on site photographs;

1. The Defendants: Articles 10(2) and 3 subparag. 3(b) of the Act on the Regulation of Customs Business, Article 30 of the Criminal Act, and the choice of fines, respectively, for the crimes;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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

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