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(영문) 수원지방법원 2013.11.21 2013고정2723
풍속영업의규제에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

No person who conducts an amusement business affecting the public morals, or his/her employees, etc. shall distribute, sell or lend obscene documents, drawings, motion pictures, music records, video products, or other obscene materials, allow him/her to do so, or allow him/her to view or peruse them, or display or keep them for the purpose of distributing, selling, lending, viewing, or perusal at a place where the business affecting the public morals is conducted.

Nevertheless, around 22:00 on March 5, 2013, the Defendant: (a) had D, an employee of the Defendant, manage the said phone call at the “Ctel” No. 2401 of Suwon-si, Suwon-si; (b) received KRW 5,000 per hour from customers; and (c) had D, in the above phone room, divide the container on the computer screen on the front page; and (d) allowed D, through the internal connection network, view obscene video products, such as “Cheongma II special bank” stored in the server.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. A written statement of D, F, and G preparation;

1. Two existing heads of seized mail computers;

1. On-site photographs;

1. Application of lease contract Acts and subordinate statutes;

1. Articles 12, 10 (2), and 3 subparagraph 3 of the Act on the Regulation of Businesses Affecting Public Morals on Crimes;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

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