A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

The Defendant is a person who operates the “C” from the Dongdaemun-gu Seoul Metropolitan City B and the second floor in the Jeonjin-gu.

[2019 Highest 1810]

1. A person who intends to run a video service providing business in violation of the Promotion of Motion Pictures and Video Products Act shall register with the head of a Si/Gun/Gu after installing facilities prescribed by Ordinance of the Ministry of Culture

Nevertheless, at around 20:00 on October 6, 2019, the Defendant, without registering with the competent authorities, made ten rest rooms in the above “C”, equipped with computers, monitors, and viewing facilities, such as chairs, and received user fees of KRW 7,000 per hour from many unspecified customers, and provided video viewing business by allowing them to watch obscene videos, which were stored on the Internet “D” website and stored on computers.

2. No person who runs a business affecting public morals in violation of the Act on the Regulation of Amusement Businesses Affecting Public Morals, shall display or keep obscene documents, drawings, motion pictures, music records, video products, and other obscene materials, for the purpose of distributing, selling, lending, viewing, or inspecting them at a place where he/she runs

Nevertheless, the Defendant stored and stored obscene videos that were downloaded on the Internet “D” website in a computer for the purpose of viewing them to many unspecified customers at the time and place described in paragraph (1).

[2019 Highest 2120]

3. A person who intends to run a video service providing business in violation of the Promotion of Motion Pictures and Video Products Act shall register with the head of a Si/Gun/Gu after installing facilities prescribed by Ordinance of the Ministry of Culture

Nevertheless, the Defendant, without being registered with the competent authority on September 27, 2019, made ten rest rooms in the above “C” and provided with computers, monitors, and viewing facilities in each rest room, and received 7,000 won per hour from many unspecified customers and stored on the Internet “D” website.