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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who operates the "CPC room" in Daegu Dong-gu B.
No person who conducts public morals business shall allow to view or peruse obscene documents, drawings, movies, records, video products, or other obscene materials at a place where the business is engaged in public morals.
Nevertheless, from August 11, 2016 to February 23:00, 2017, the Defendant respectively installed a computer connected to the server computer in seven spaces partitioned from the said PC room to the partitions, and stored a majority of obscene video images whose sexual act between men and women on the server computer was de facto expressed on the hard disc, and then allowed them to view or peruse the said obscene video by accessing the server computer by receiving the payment of KRW 5,000 per hour from the visiting customer.
Summary of Evidence
1. Statement by the defendant in court;
1. On-site photographs;
1. Application of Acts and subordinate statutes to report internal investigation (on-site situations, etc. at the time of detection);
1. Article 10 (2) and subparagraph 3 (b) of Article 3 of the Act on the Regulation of Selective Business for Criminal Facts and the Regulation of Preliminary Punishment (Selection of Imprisonment);
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence has the record of being punished twice as the same kind of force, and the fact that the defendant continues to commit the crime immediately after being punished for the same kind of crime shall be considered as unfavorable to the defendant, and the depth is against the defendant, and the fact that the PC room in the judgment is discontinued and its business is discontinued after closing the PC room shall not be operated again, considering favorable circumstances, the same type as the order shall be determined.