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(영문) 부산지방법원 2014.09.22 2014고정3405
풍속영업의규제에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No person who runs an amusement business affecting the public morals shall distribute, sell, lend, watch, or peruse obscene documents, paintings, motion pictures, sound records, video products, and other obscene materials at a place where the person runs an amusement business affecting the public morals, or display or keep them for the purpose of such distribution,

Nevertheless, around 16:00 on April 3, 2014, the Defendant displayed and stored DV for sale at the adult product shop, “C” operated by the Defendant in Jung-gu, Busan, containing the content of sexual intercourse with the sex of men and women.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of detection of a violation of laws, notification of detection of a violation business establishment, and a copy of business registration certificate;

1. Application of Acts and subordinate statutes, such as obscene photographs;

1. Article 10 (2) and subparagraph 3 (c) of Article 3 of the Act on the Regulation of Businesses Affecting Public Morals Affecting Punishment on Criminal Facts, and the Selection of fines;

1. Articles 70 (1) 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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