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(영문) 서울남부지방법원 2013.07.09 2013고정1803
영화및비디오물의진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who has operated a selling store for adult products (trade name of business registration) on the second floor of Guro-gu Seoul Metropolitan Government.

No person shall display or keep the classified video products for the purpose of supplying or selling them.

Nevertheless, from January 1, 2013 to February 15:30, 2013, the Defendant displayed and stored 110 Pono CDs, a video product not classified as a video product, for the purpose of supplying and selling them, on the grounds that the sexual flag and sexual activity of both men and women, such as “the privacy of the American ZERO SPE owners,” etc. at the above adult product sales store.

Summary of Evidence

1. Defendant's legal statement;

1. Suppression sites and video products collection photographs;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 95 applicable to criminal facts and subparagraph 6 of Article 95 and Article 53 (1) 1 of the Act on the Promotion of Motion Pictures and Video Products, which are the option of choosing a punishment;

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

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

4. Article 334 (1) of the Criminal Procedure Act.

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