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(영문) 대구지방법원 서부지원 2017.05.18 2017고단481
풍속영업의규제에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant operated ‘CPC room' in Seogugu, Seogu.

No person who conducts public morals business shall allow a person who conducts public morals business to peruse obscene documents, paintings, movies, music records, video products, or other obscene materials at a place in which the person conducts public morals business.

Nevertheless, at around 16:50 on February 3, 2017, the Defendant: (a) stored obscene videos containing “CPC room” in the Defendant’s operation; (b) female two women’s sexual organ exposure and sexual intercourses; or (c) sexual intercourses between men and women are exposed to their sexual organ and sexual intercourses; (c) stored them in the server computer; and (d) provided the server computer to allow them to view obscene videos stored on the server computer by linking the server computer.

As a result, the Defendant, who is engaged in public morals business, did not observe the rules to be observed at the public morals business place by having obscene video products watched at the place of business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The written statement of the defendant;

1. Application of Acts and subordinate statutes to arrest and report the occurrence of a case, the scene of crime, and obscene materials photographs;

1. Article 10 (2) and subparagraph 3 (b) of Article 3 of the Act on the Regulation of Selective Business for Criminal Facts and the Regulation of Preliminary Punishment (Selection of Imprisonment);

1. The fact that the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence has a record of being punished by a fine for the same kind of crime several times shall be considered in light of the circumstances unfavorable to the defendant, and it is in depth against the defendant, and the fact that the PC in the judgment is discontinued and the business is discontinued again, shall be determined in consideration of the favorable circumstances.

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