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(영문) 의정부지방법원 2013.07.03 2012고정3268
풍속영업의규제에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates the amusement business place affecting the public morals in the name of “D” (E) on the 3th floor of his Government-si.

Any person who carries on the amusement business affecting the public morals shall not allow, arrange or provide any obscene act at his/her public morals place of business.

Nevertheless, from January 2, 2012 to November 27, 2012, the Defendant was divided into partitionss in the above D, installed five independent rooms in the smuggling form, and arranged and provided obscene acts in collusion with the head of F and female employees, who are the office employees, and in collusion with other employees, who visit the above G, with a charge of KRW 70,00 per hour in return for having the above G’s chest and buckbucks, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. The police statement of H;

1. Application of Acts and subordinate statutes on site photographs and internal photographs;

1. Articles 10 (2) and 3 subparagraph 2 of the Act on the Promotion of Amusement Businesses Affecting Criminal Facts, the selection of fines, and the selection of fines;

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

1. The defendant and his defense counsel asserted that the defendant's key room operated by the defendant is where access by minors is restricted, and the male customers and female employees are placed in kis, and the female employees are less light of his clothes and bucks, and the defendant's key business act does not constitute obscenity because the time is extremely short, without the escape of the female employees.

The term "obscenity act" stipulated in the Act on the Regulation of Amusement Businesses Affecting Public Morals refers to an act to stimulate, stimulate, or satisfy a sexual desire, which undermines the normal sense of sexual shame of the general public and goes against the good sense of sexual morality, and the concept of "obscenity" is changed according to changes in society and the times.

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