Defendant shall be punished by a fine of 1.5 million won.

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

Punishment of the crime

From October 7, 2012 to October 21, 2012, the Defendant, in collusion with C, operated the term “KIKO” in the trade name of Daegu Dong-gu, Daegu from October 29, 2012 to October 21, 200, the Defendant arranged and provided obscenity by having five rooms in the above place and employing three female employees, and by having them receive 350,000 won and 70,000 won from male customers visiting the above place, and by having them receive 35,00 won and 70,000 won for 1 hour and take her chest.

Summary of Evidence

1. Partial statement of the defendant (as of the second trial date);

1. Police suspect interrogation protocol regarding C;

1. Each statement;

1. Application of Acts and subordinate statutes governing enforcement photographs;

1. Article 10 (2) and Article 3 (2) 2 of the Act on the Regulation of Businesses Affecting Public Morals Affecting Punishment on Criminal Facts, and Article 30 of the Criminal Act;

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

1. The defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order asserted that the act of having male customers and female employees wear in the kis of this case and delivered the chest above clothes does not constitute obscenity.

The term "obscenity act", which is stipulated in the Act on the Regulation of Amusement Businesses Affecting Public Morals, refers to an act to stimulate, stimule, or satisfy a sexual desire, thereby impairing the ordinary public's normal sense of sexual humiliation, and contrary to the concept of good sexual morality. This shall be determined on the basis of whether it can be evaluated as having caused sexual humiliation and impaired a normal sense of sexual shame by stimulateing sexual desire from the perspective of the average person (see, e.g., Supreme Court Decision 2010Do10171, Sept. 8, 2011). According to the evidence submitted by the prosecutor, the key room operated by the defendant is a female employee and straw, where a male customer suffers stimuls or reflects, and the chest of the female employee under his clothes, and where bucks are only bucks.