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(영문) 서울동부지방법원 2013.07.03 2013고단1074
풍속영업의규제에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a business owner who operates an adult PC room with 10 guest rooms in the name of "D" from the third floor of Gangdong-gu Seoul Metropolitan Government.

No person carrying on the amusement business affecting the public morals shall allow him/her to view or peruse obscene documents, drawings, films, sound records, video products, and other things at his/her business place.

Nevertheless, at around 13:50 on May 7, 2013, the Defendant admitted E to two guest rooms, and then allowed an unspecified customer to view video works with a gender of 5,000 won per hour from April 2013 to May 6, 2013, such as allowing the Defendant to view video works with a gender of 5,00 won per hour, and allowing the Defendant to view them with a charge of 5,00 won per hour from around April 2013 to around May 6, 2013.

Summary of Evidence

1. Defendant's legal statement;

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

1. Articles 10 (2) and 3 subparagraph 3 of the Act on the Regulation of Businesses Affecting Public Morals on Crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (total size, and considering extenuating circumstances, such as the fact that the defendant has no profit from the crime of this case);

1. Social service order under Article 62-2 of the Criminal Act;

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

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