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(영문) 서울북부지방법원 2014.03.19 2014고정276
풍속영업의규제에관한법률위반등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who jointly operates B and C key bank, and D and E are employees of the said key bank.

1. No person who carries on the amusement business affecting the public morals and his/her employees shall have any person carry on the amusement business affecting the public morals, or mediate or provide it at a place which carries on the business affecting the public morals;

During the period from April 15, 2013 to April 29, 2013, the Defendant, in collusion with B, D, and E, installed studio 8, etc. in the Dongdaemun-gu Seoul Metropolitan Government “Ckist” located in the “Ckist” located in Dongdaemun-gu Seoul Metropolitan Government, and arranged an obscene act at a place where the Defendant is engaged in the amusement business by operating the inner term “ckist”, such as having the customers who find the places B, D, and E receive KRW 60,00 from the customers who find the places, and having them enjoy dancing with G, H, etc.

2. No one shall conduct business in a school environmental sanitation and cleanup zone, which makes physical contacts, such as dancing, by keeping clothes, bedscloaks, etc. which can be modified into the form of bedclothes, bed, or bedclothes, etc., in an enclosed space or partitions, or similar facilities;

Nevertheless, the Defendant, in collusion with B, operated the “C Key Bank” at the time and place described in the preceding paragraph, such as the entry in the preceding paragraph.

Summary of Evidence

1. Each protocol of suspect examination of the accused, D, E, or B by the prosecution;

1. Each police statement made to G, H and I;

1. Seizure records;

1. Application of business concerns, advertising photographs, field control photographs and Acts and subordinate statutes;

1. Article 10 (2) and Article 3 subparag. 2 of the Act on the Regulation of Businesses Affecting Public Morals which may choose punishment on criminal facts, Articles 19 and 6 (1) 19 of the School Health Act, Article 30 of the Criminal Act, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

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