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(영문) 울산지방법원 2013.06.21 2012노754
풍속영업의규제에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The court below found the Defendant guilty of the facts charged in this case, although the misunderstanding F did not have obscenity, such as she was off the panty, francing the chrode and sching the chros, and the Defendant knew that she had F engaged in obscenity or engaged in obscenity, the court below did not have allowed F to do so, or allowed or aided it to do so. The court below erred by misapprehending the facts, which affected the conclusion of the judgment by misapprehending the facts.

B. In light of the overall circumstances of the instant case of unreasonable sentencing, the sentence imposed by the lower court on the Defendant (such as a fine of KRW 500,000) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal ex officio, the prosecutor examined ex officio prior to the judgment on the grounds for appeal, and applied the applicable provisions of Acts to the trial at the trial of the case, “Articles 12 and 10(2) of the Act on the Regulation of Amusement Businesses Affecting Public Morals,” respectively, as stated in the facts charged as follows, and the judgment of the court below was no longer maintained since the subject of the judgment was changed by this court’s permission.

However, despite the above reasons for ex officio destruction, the defendant's assertion of mistake of facts is still subject to the judgment of this court, and this is examined below.

B. The following circumstances acknowledged by the judgment of the court below as to the assertion of mistake of facts and the evidence duly admitted and examined by the court of the court below, namely, E consistently states that the investigative agency and the court of the court below, around 23:00 on January 2, 2012, around H and G, entered into a contact loan of F and J with F and J at three times in the Dnonomo bank, and F, her personnel, and left the panty and left the panty, and the milbs, were partly reversed, while H and G’s statements were partially reversed at H and G investigative agency, the statements at H, G investigative agency and the court of the court of the court of the court below are consistent with the part that F engaged in obscenity as above.

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