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(영문) 창원지방법원 마산지원 2015.06.03 2015고정209
풍속영업의규제에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a business owner in the Masan-si B and the 1st underground floor in Changwon-si.

No person who conducts an amusement business affecting the public morals or any other person prescribed by Presidential Decree, shall allow any person to view or peruse obscene motion pictures, videos, etc. at a place where the business affecting the public morals is conducted.

Nevertheless, from April 21, 2014 to November 13, 2014, from around 19:20 to around 13, 2014, the Defendant violated the business operator’s code of practice by having the customer E receive KRW 10,000 for admission fees from 10,00,00, in order to make it possible for both men and women to view sexual intercourse on the PC-based screen so that they can view sexual intercourse with each other.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement prepared by E and D;

1. Records of seizure and list of seizure prepared by the police;

1. Application of statutes on field photographs;

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 (1) 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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