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(영문) 서울남부지방법원 2013.08.29 2013노512
풍속영업의규제에관한법률위반
Text

The judgment below

Of the above, the part concerning Defendant A shall be reversed.

Defendant

A shall be punished by a fine of KRW 3,000,000.

Defendant .

Reasons

1. The Prosecutor’s gist of the grounds for appeal is too unfasible and unreasonable.

In particular, according to the business books confiscated by the Defendants, and the police interrogation protocol of the Defendants, even if the Defendants received profits equivalent to KRW 10,100,000 from each prosecutor during the business period, it is unreasonable for the lower court to impose additional collection without considering the prosecutor’s request for additional collection.

2. Determination on the grounds for appeal

A. Defendant A appears to have earned a substantial profit from the instant crime in light of the fact that Defendant A was the operator of the instant key room in comparison with other Defendants. Defendant A appears to have engaged in the instant crime (According to the entry of the business account book submitted by the prosecutor in the trial, the net profit for 9 days reaches KRW 19.50,00 (31.20,000 won per 30,000 won received from the grandchildren)). The instant crime was committed by Defendant A to have a female business do obscene acts with their customers. However, in light of the content and degree of obscene act, the instant crime was committed in excess of the degree of similarity with the instant key room’s operating period, number of employees, size of business, rent, etc., and thus, Defendant A appears to have been able to obtain a considerable profit from the instant crime (in view of the entry of the business account book submitted by the prosecutor in the trial, it is reasonable for the prosecutor to punish Defendant A’s profits from the instant crime in excess of the age limit of 10,000 following the instant crime.

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