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(영문) 서울중앙지방법원 2013.11.21 2013고정4668
풍속영업의규제에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a video phone or computer room with the trade name “C” from the second floor of Seoul Jung-gu.

No person who runs the amusement business affecting the public morals shall allow any person to view or peruse obscene documents, drawings, films, sound records, and other obscene materials at a place where the person runs the business affecting the public morals

Nevertheless, at around 16:30 on April 17, 2013, the Defendant: (a) installed a hard disc with obscene materials stored in a me computer; and (b) linked to each PC installed in nine studs, made a obscenity by theme on the screen; and (c) allowed an unspecified customer to view obscene videos, such as domestic hair, salv and female music, black scale, etc. at a charge of KRW 6,00 per hour; and (d) allowed an unspecified customer to view obscene materials at a fee of KRW 6,00 per hour.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Records of seizure and the list of seizure;

1. Control note;

1. Application of Acts and subordinate statutes on control field photographs;

1. Article 10 (2) and subparagraph 3 (b) of Article 3 of the Act on the Regulation of Businesses Affecting Public Morals Affecting Punishment on Criminal Facts, and Articles 10 (2) and 3 (3)

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

1. Article 48 (1) of the Criminal Act of confiscation;

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

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