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(영문) 부산지방법원 2018.05.16 2018고정281
풍속영업의규제에관한법률위반
Text

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

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

Reasons

Punishment of the crime

No person who conducts public morals business shall allow any person to view or peruse obscene documents, drawings, motion pictures, records, video products, or other obscene materials, or display or keep them for the purpose of distribution, sale, lending, viewing or perusal.

Nevertheless, in collusion with B, from December 11, 2016 to October 24, 2017, the Defendant operated the same adult PC with the trade name “D” on the 3rd floor of Busan Dongdong-gu, Busan, from around December 11, 2016 to around October 24, 2017, and installed the outer storage device (NAS and Network Atached Storage) on the wall, and stored the obscene video file on the storage device, and installed a system for reproducing the said file through one PC installed at the said storage device to view obscene video, and had many unspecified customers find the said establishment enter each of the above room with a fee of KRW 5,00 to KRW 6,00 per hour.

Accordingly, the Defendant conspired with B to allow many unspecified customers to view and peruse obscene motion pictures, video products, and other obscene materials.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of each police officer against the defendant or B;

1. Each statement of E, F, G, and H;

1. Each photograph;

1. A copy of a report on detection of violation places;

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 10 (2) and subparagraph 3 of Article 3 of the Act on the Regulation of Selective Business for Criminal Crimes, Article 30 of the Criminal Act, and Article 30 of the Criminal Act;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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