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(영문) 의정부지방법원 2013.10.17 2013고정1754
풍속영업의규제에관한법률위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is an amusement business operator running “DPC” on the second floor of the building C at his own Government.

No person shall allow any obscene motion picture, sound record, video product, etc. to be perused or perused at a public morals business place.

Nevertheless, on April 9, 2013, the Defendant, at around 18:30 on April 18, 2013, allowed the Defendant to enter the Internet site address where 5,000 won per hour can be seen as obscene materials and allowed to view obscene video.

Accordingly, the defendant did not observe the matters to be observed by the public morals business place.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A E-document;

1. Application of Acts and subordinate statutes governing enforcement site 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. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. The defendant and his defense counsel asserts that the act of informing customers of the Internet site address on which obscene materials can be viewed without storing obscene videos on computers does not constitute a violation of the Act on the Regulation of Amusement Businesses Affecting Public Morals.

2. According to Articles 10 and 3 subparag. 3 (b) of the Act on the Regulation of Amusement Businesses Affecting Public Morals, a person who operates an amusement business affecting the public morals is punished for allowing the person to view or peruse obscene documents, pictures, films, sound records, and other obscene materials at a place where the business affecting the public morals is conducted, and there is no limitation on allowing the person to view obscene video products, etc.

Therefore, it does not necessarily constitute a violation of the Act on the Regulation of Amusement Businesses Affecting Public Morals that have to store obscene video images on a computer, and inform customers who have been the defendant on the "DPC" bank of the Internet site address.

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