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(영문) 서울서부지방법원 2014.10.01 2014고정418
풍속영업의규제에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. A person carrying on the amusement business affecting the public morals in violation of the Act on the Regulation of Amusement Businesses Affecting the Public Morals, who did not allow, arrange, or provide any obscene act at a place where the person carries on the amusement business affecting the public morals, the Defendant did not comply with matters to be observed by having E, who had his female employees receive 40,000 won from his male customers under his name and receive 30,000 won, and had E, who had his female employees do any obscene act in a manner that he had them do so by having them do so, with the trade name of “D, with six rooms sealed in the Seodaemun-gu C and the second floor, and attached to the six rooms sealed in the beginning of August 2013.

2. A person who violates the School Health Act shall not operate a business falling under a business establishment prohibited from access by or employment of juveniles prescribed by the Juvenile Protection Act in school environmental sanitation and cleanup zone, even from July 31, 2013 to August 6, 2013, the Defendant operated a business falling under a business establishment prohibited from access by or employment of juveniles in the school environmental sanitation and cleanup zone by operating a term "KIKO" which is stipulated as a business establishment prohibited from access by or employment of juveniles at a place within 147 meters from a F elementary school which is a school environmental sanitation and cleanup zone, such as the foregoing paragraph (1)

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of G and E;

1. Report on detection of business concerns;

1. Control note;

1. Application of statutes on site photographs;

1. Article 10 (2) and Article 3 subparagraph 2 of the Act on the Regulation of Businesses Affecting Public Morals that Appoint the Punishment of Crimes, Articles 19 and 6 (1) 19 of the School Health Act, and the choice of fines, respectively;

1. Articles 70 (1) 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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