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(영문) 전주지방법원 2014.07.08 2014고단668
영화및비디오물의진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who intends to run a video viewing business shall register his/her business with the competent authority equipped with the facilities prescribed by Ordinance of the Ministry of Culture, Sports and Tourism;

Nevertheless, the defendant from February 20, 2014 without registering with the head of Geumcheon-gu Office.

3. By July 3, 200, a video viewing service business was run in D located in Seo-gu Seoul Metropolitan City, Seoul.

2. No person shall offer a classified video product for the purpose of viewing it or keep it for such purpose;

Nevertheless, the defendant from February 20, 2014 to the same year.

3. By July 1, 200, a video product not classified in D located in Seojin-gu Seoul Metropolitan City is stored in the knick disc, and was offered and kept for viewing by linking it with the knick-gu computer where customers are located.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the crackdown of any business establishment (D) violating the Promotion of the Motion Pictures and Video Products Act;

1. Copy of the control report on public morals and business office;

1. On-site photographs;

1. Application of Acts and subordinate statutes on seizure records;

1. Subparagraph 9 of Article 95, Article 58 (1) of the Act on the Promotion of Motion Pictures and Video Products (a point of business without registration), subparagraph 6 of Article 95, and Article 53 (1) 1 of the Promotion of the Motion Pictures and Video Products Act (a point of service with or without classification) (a point of service with or without registration), Article 95 subparagraph 6 of the said Act (a point of service with or without registration),

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 48(1)1 of the Criminal Code is that the defendant, even though he had the same criminal records as several times, has committed the crime of this case at the same time, and the crime is not good in light of the circumstances of the crime of this case and the social risk, but the same type of business at the present place of business has been suspended.

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