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(영문) 수원지방법원 안산지원 2014.01.07 2013고정1943
풍속영업의규제에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates DoMoel, which is a lodging establishment, in Ansan-si, Dong C.

No person who runs an amusement business affecting the public morals shall allow any person to view or peruse obscene documents, drawings, motion pictures, music records, video products, or other obscene materials.

Nevertheless, at around 16:30 on July 22, 2013, the obscene videos were shown in each of the heading rooms within the said telecom through 132 and 134 from TV channels and 134, so that many and unspecified customers who found the telecom did not observe the rules of customs and business by allowing them to view the video.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. Application of related photographs and on-site photographs statutes;

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

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion;

A. The instant video works are not obscene materials, which were deliberated by the Video Rating Board.

B. The instant video works were sent by cable broadcasting business operators who entered into a contract with the Defendant, and the Defendant was aware that screening of the instant video works was not legally problematic, so the Defendant did not have any intention on the display of obscene materials.

2. According to the evidence of the submission of inspection, including the above evidence, the instant video recording is near the sexual intercourse of both men and women, and some screen pictures are processed in the form of so-called “mother and woman”, but they are exposed to the sexual organ, conspiracy, etc., and the sexual organ or act is clearly expressed or expressed, and thus, it is subject to regulation under the criminal law.

In addition, it was classified by the Korea Media Rating Board.

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