Acquittal of the accused shall be acquitted.

1. The summary of the facts charged is a person who operates 'C' with computers and monitors installed in 10 rooms in Seocheon-gu, Seocheon-si.

From June 11, 2012 to April 2, 2013, the Defendant established and operated a computer available to the Internet for each guest room located in the said business site of approximately 50 square meters from around June 11, 2012 to around April 2, 2013, and, at the same time, installed a device that allows viewing of obscene videos on the computer screen, and received user fees of KRW 5,000 per hour from unspecified customers, and had customers enjoy user fees of KRW 5,00 on the computer screen, and had them look at the instant device stored in the remote server located overseas on the computer screen, thereby openly displaying child and juvenile pornography for profit.

2. Determination

A. (i) On May 9, 2013, the Defendant was issued a summary order of KRW 1,000,000 as a result of a violation of the Act on the Regulation of Amusement Businesses Affecting Public Morals, which was issued by the Incheon District Court Branch Decision 2013 Gocheon3513, and the said summary order became final and conclusive on May 9, 2013.

The crime of violation of the Act on the Regulation of Amusement Businesses Affecting Public Morals which became final and conclusive is that “the defendant received the fee of KRW 5,000 per hour from “J” operated by himself on April 4, 2013, which was around 20:20, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, to allow customers to view obscene videos with a monitor installed at that place.”

B. The Seoul Central District Court Decision 2013Da1038 Decided May 22, 2013; Supreme Court Decision 2013No1740 Decided July 10, 2013; Supreme Court Decision 2013No1740 Decided July 10, 2013; Supreme Court Decision 2013Do9062 Decided July 10, 2014: ① The objective scope of res judicata of a final and conclusive judgment, etc. in a criminal trial is the whole criminal facts that are recognized as identical to the criminal facts subject to the final and conclusive judgment, etc.

Although the indictment is not specified as the facts charged, it shall not be specified as the indictment.