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(영문) 서울동부지방법원 2016.12.23 2016고단3845
풍속영업의규제에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

A person who conducts a combined distribution and game providing business which is an amusement business affecting the public morals in Songpa-gu Seoul Metropolitan City, B and C, and a person who conducts an amusement business affecting the public morals shall not allow, mediate, or provide any obscene act at a place where the business affecting the public morals is conducted.

Nevertheless, at around 14:40 on August 2, 2016, the Defendant received KRW 70,00 from D, which found the above distance, and gave guidance to D, which was specially 6,00 won, and then brought D and E, which were employed as female employees, into the above measures, made D and E, talked with E’s chest and gender, and made E with obscenity’s sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Written statements prepared in D;

1. The application of photographs at the control site, notices for advertisements, certificates of registration of combined distribution and game providing business operators, and statutes;

1. Article 10 (2) and Article 3 subparagraph 2 of the Act on the Regulation of Businesses Affecting Public Morals Affecting the Punishment of Crimes, Articles 10 (2) and 3 of the same Act, and the

1. Article 62 (1) of the Criminal Act (General Considerations favorable to the reasons for sentencing as follows);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: Although the defendant had the ability to punish a similar crime several times, the circumstances favorable to preventing the instant crime are recognized and contradictory to the defendant. In addition, the profits gained by the instant crime are deemed not to have been significant, and the execution of the instant punishment is suspended only once on the condition that the community service order for cultivating sound labor awareness is added, by taking into account all the circumstances that form the conditions for sentencing indicated in the record, such as the defendant’s age, character and behavior, environment, family relationship, scale of business and circumstances after the crime, etc.

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