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(영문) 서울남부지방법원 2019.10.24 2019고정1058
풍속영업의규제에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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, etc. at his/her business establishment.

Nevertheless, the Defendant, a person running an amusement business on the fourth floor of the building in Yeongdeungpo-gu Seoul Metropolitan Government, with the trade name “C”, violated the code of practice at a public morals business place by allowing a large number of unspecified customers to view obscene materials whose sexual intercourse is expressed in the state of the front line through a monitor installed at around 19:05 on March 11, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the screen by reporting on detection (Violation of the Act on the Regulation of Amusement Businesses Affecting Public Morals) and video closure

1. Articles 10 (2) and 3 subparagraph 3 (b) of the Act on the Regulation of Amusement Businesses Affecting Criminal Facts;

1. Selection of an alternative fine for punishment;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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