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(영문) 대구지방법원 2013.08.14 2013고정1661
풍속영업의규제에관한법률위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is the owner of the "C" bank located on the second floor in Daegu Seo-gu B, Seogu, which carries on the amusement business affecting the public morals.

A person who conducts the amusement business affecting the public morals shall not have any person conduct an obscene act, or arrange or provide such act at a place where the person conducts the business affecting the public morals, and no person shall conduct any act or provide such an act or facility falling under the business publicly notified by the Minister of Gender Equality and Family pursuant to subparagraph 5 (a) (¥§) (¥§) and (b) (¥§) (¥§) of Article 2 of the Juvenile Protection Act, with the business place falling under subparagraph 5 (a) (¥§ 7 of the same Article) of the same Act. Nevertheless, from April 2, 2013 to May 18:00 of the Daegu D Elementary School located within the distance of 100 "C" located within the school cleanup zone from the Daegu D Elementary School located within the distance of 100 "C", where the person employed 22 years of age and 1 other than those, by having many and unspecified male customers who pre-contracted by telephone, arrange or provide such an act by having them enjoy obscene act by dividing 600,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and E;

1. Application of Acts and subordinate statutes to report internal investigation (as to the attachment of photographs at the control site), internal investigation report ( as to attachment of guidance to school sanitary cleanup zone), and investigation report ( as to attachment of guidance);

1. Article 10 (2) and Article 3 subparagraph 2 of the Act on the Regulation of Businesses Affecting Public Morals Affecting the Crimes; Articles 19 and 6 (1) 19 of the School Health Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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