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(영문) 서울동부지방법원 2015.07.24 2015고정998
풍속영업의규제에관한법률위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant is a person who operates an adult PC room with the trade name of Seongdong-gu Seoul Metropolitan Government “C” and operates an amusement business affecting the public morals.

No person who runs an amusement business affecting the public morals shall allow any person to view or peruse obscene documents, drawings, motion pictures, sound records, video products, or other obscene materials at a place where the person runs an amusement business affecting the public morals.

Nevertheless, at around 16:00 on February 25, 2015, the Defendant installed a computer and monitor respectively in the PC telephone room, and obtained adult certification necessary for the website connection where obscene videos are provided, so that the video is carried out without any separate procedure. The Defendant received 5,000 won per hour from the customer D, etc. who found the place and provided 5,00 won for viewing obscene videos through the said computer installed in each room.

As a result, the Defendant did not observe matters to be observed by allowing the viewing of obscene video products at a place where the amusement business affecting the public morals is conducted.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Written statements of D;

1. Records of seizure, the list of seizure, and evidence of seizure;

1. Application of statutes on site photographs;

1. Article 10 (2) and subparagraph 3 (b) of Article 3 of the Act on the Regulation of Businesses Affecting Public Morals Affecting Punishment for Crimes, and Articles 10 (2) and 3 (3) (b)

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

1. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;

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

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