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(영문) 대구지방법원 2016.10.28 2016고정1224
풍속영업의규제에관한법률위반등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates the PC in the name of “C” on the third floor of a commercial building located in Daegu-gu, Seogu.

1. No person who violates the Act on the Regulation of Amusement Businesses Affecting Public Morals and the Act on Promotion, etc. of Utilization of Information and Communications Network Utilization and Information Protection, Etc. (Distribution of obscene materials) shall distribute, sell, lease, or openly exhibit obscene codes, words, sound, images, or motion pictures, videos, or other obscene materials through information and communications networks, and no person who operates an amusement business affecting public morals shall allow any person who operates an amusement business to view or peruse any obscene documents, pictures, sound records

Nevertheless, from March 27, 2016 to April 18:40, 2016, the Defendant collected user fees of KRW 5,000 per hour from customers from the above “C”, and 10 computers connected to server computers, thereby allowing the Defendant to view obscene videos and photographs taken by a head of sexual intercourse with a sexual organ and having a sexual organ connected with the server computer.

As a result, the Defendant, at a place where the amusement business affecting the public morals is conducted, allowed to view and peruse obscene images, and displayed openly obscene images through information and communication networks.

2. A person who intends to operate a business providing Internet computer game facilities in violation of the Game Industry Promotion Act shall register with the head of a Si/Gun/Gu after installing the facilities prescribed by Ordinance of

Nevertheless, the Defendant, without registering with the competent authority, conducted the business of providing Internet computer game facilities in the same manner as described in paragraph (1) from March 2013 to April 21, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Application of three Acts and subordinate statutes to the Customs and Business Office Control Report, On-site photographs, response to request for investigation cooperation, investigation report (obsting obscene video images) and photographs;

1. Article 10 of the Act on the Regulation of Businesses Affecting Public Morals on Crimes;

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