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(영문) 부산지방법원 2016.04.06 2015고단7227
풍속영업의규제에관한법률위반
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Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, the fine shall be 100.

Reasons

Punishment of the crime

The defendant is a person who operates a adult PC room in the name of "DPC room" in Busan Dong-gu C2, Busan.

No person engaged in custom business shall allow him/her to view or peruse obscene motion pictures, videos, or other obscene materials at his/her place of business.

Nevertheless, from September 2015 to October 6, 2015, the Defendant: (a) stored obscene video products with a description of sexual intercourse with a man and woman exposed to a computer installed at the said place of business by exposing sexual organ at the said place of business; and (b) received fee from customers for use fee of KRW 5,000 per hour from customers and violated the code of practice of persons engaged in custom business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes to reports on detection of business entities violating the Acts and subordinate statutes, reports on control of business morals and investigation reports (Attachment to real estate lease agreement);

1. Article 10 (2) and subparagraph 3 of Article 3 of the Act on the Regulation of Selective Business for Criminal Crimes and Articles 10 (2) and 3 (Selection of Penalty) of the same Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant committed the instant crime even though he/she had been under suspension of execution due to the act of arranging sexual traffic, etc. However, the nature of the instant crime is not less than that of the crime. On the other hand, considering the Defendant’s age, sex, environment, circumstances leading to the crime, means and methods of the crime, results, etc., the punishment as ordered shall be determined by taking into account the following factors:

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