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(영문) 수원지방법원 여주지원 2018.02.27 2017고정343
풍속영업의규제에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who operates a D hotel in the Gyeonggi Pyeong-gun C.

No person who conducts public morals business shall distribute, sell, lend, watch, watch, or peruse obscene documents, drawings, films, records, video products, or other obscene materials at a place where his/her business is engaged in public morals, or display or keep them for the purpose of distribution, sale, lending, viewing, or perusal.

Nevertheless, at around 14:00 on July 7, 2017, E, an employee of the Defendant, allowed an unclaimed guest to view obscene videos using television monitors in the guest room, and around 19:10 on July 10, 2017, he violated the code of practice of a customs business operator by allowing an unclaimed guest to view obscene videos using television monitors in the guest room No. 227 of the above hotel.

2. A person who fails to comply with the rules of customs, such as having another person engage in obscene conduct in violation of subparagraphs 2 through 4 of Article 3, shall be punished by imprisonment for not more than three years or by a fine not exceeding twenty million won.

“A person who conducts public morals business (including a person who conducts public morals business without obtaining permission or making registration or report).

No person who is engaged in public morals business (hereinafter referred to as "public morals business operator") nor any person who is engaged in business prescribed by Presidential Decree shall engage in any of the following conduct in a place for public morals business (hereinafter referred to as "place of business"):

“.” Article 3 Subparag. 3 of the same Act provides that “The following acts on obscene documents, paintings, movies, phonograms, videos, and other obscene materials” and subparagraph (c) of the same Article provides that “The act of displaying or keeping them for the purpose of distribution, sale, lending, viewing or perusal”.

Article 12 of the same Act is both punishment provisions.

Therefore, an employee displays obscene materials, such as obscene drawings or video products, for the purpose of perusal or viewing in connection with his/her business.

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