A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. No person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) shall distribute, openly exhibit or show child or juvenile pornography;

From January 30, 2013 to March 25, 2013, the Defendant operated D in 303 of the Seo-gu Incheon Seo-gu Seoul Building 303, which received KRW 5,000 per hour from an unspecified customer, and had customers receive KRW 5,00 per hour from an unspecified customer so that they can be viewed as a child, juvenile, or person who can be perceived as a child or juvenile with an obscene site connected to a obscenity.

Accordingly, the Defendant openly displayed or screened child or juvenile pornography.

2. No person who runs a business affecting public morals in violation of the Act on the Regulation of Amusement Businesses Affecting Public Morals, shall allow any person to view or peruse obscene documents, drawings, motion pictures, sound records, video products, or other obscene materials;

Nevertheless, the Defendant provided obscene expressive materials that adults have engaged in sexual intercourse in the same manner as in the preceding paragraph at the same time and place as in the preceding paragraph, so that they can be seen by them.

Accordingly, the Defendant allowed to view and peruse obscene documents, drawings, motion pictures, music records, video products, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Report on investigation (on the control site conditions);

1. Application of Acts and subordinate statutes on control field photographs;

1. Article 8 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse (referring to displaying and screening children or juveniles pornography), Articles 10 (2) and 3 subparagraph 3 of the Act on the Regulation of Amusement Businesses Affecting Public Morals, on criminal facts (referring to allowing them to view and peruse obscene video products, etc. at the amusement business place affecting public morals);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The grounds for sentencing under Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;