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(영문) 대구지방법원 서부지원 2016.06.15 2016고정352
풍속영업의규제에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person who conducts public morals business and persons engaged in such business as prescribed by Presidential Decree shall allow any person to view or peruse obscene documents, drawings, pictures, motion pictures, records, video products, or other obscene materials at a place where public morals business is conducted.

Nevertheless, around 15:30 on March 7, 2016, the Defendant found a business establishment by linking the server computer in which obscene videos are stored in the “CPC room” in the “CPC room” in the 2nd floor of the Daegu-gu building B, Daegu-gu building B with the computers for customers, and allowed visitors to receive 5,000 won per hour for access to the computer and then violated the rules of good customs business office by allowing them to view obscene videos.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Application of CPC internal structure photographs, obscene material list and camera verification monitors photographs, obscene material obscenity photographs, obscene material hard disc photographs, and the laws and regulations of the real estate lease agreement;

1. Article 10 (2) and subparagraph 3 of Article 3 of the Act on the Regulation of Selective Business for Crimes and Articles 10 (2) and 3 (Selection of Penalty) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

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