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(영문) 대구지방법원 김천지원 2013.03.22 2013고정139
풍속영업의규제에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates an adult product store without trade name in the Gu and American City B.

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, or other obscene materials, or display or keep them for the purpose of circulation, sale, lending, viewing or perusal.

Nevertheless, at around 17:00 on October 12, 2012, the Defendant displayed or stored a single-use CD 80, an obscene video product, for the purpose of sale, etc. at the above adult-use shop, thereby violating the rules of compliance with the amusement business operators affecting the public morals.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of the photographic Acts and subordinate statutes;

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 Articles 10 (2) and 3 of the same Act;

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

1. Article 48 (1) of the Criminal Act of confiscation;

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

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