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The judgment below
Among them, the part of innocence on the crime of March 18, 2014 shall be reversed.
Defendant 2,000,000 won.
Reasons
1. Summary of grounds for appeal (misunderstanding of facts and misapprehension of legal principles)
A. According to the evidence submitted by the prosecutor with respect to the crime committed on October 18, 2013, the defendant is not merely passively silenting that he operated the computer of his gambling room, but also actively promoting the use of business. In light of the legislative intent of the Act on the Regulation of Amusement Businesses Affecting Public Morals, the defendant’s act does not go against the principle of no punishment without the law even if he allows customers to view and peruse obscene materials at his public morals office.
Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the legal principles.
B. As to the crime committed on March 18, 2014, the Defendant’s act of sexual intercourse of same-sexs constitutes obscene acts in a room in the private room in which the partitions in the private room operated by the Defendant is against the rules of conduct of the amusement business operators affecting the public morals.
Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the legal principles.
2. Determination as to the crime committed on October 18, 2013
A. The gist of this part of the facts charged is that the Defendant runs a public bath business with the trade name “D” in Yongsan-gu Seoul Metropolitan Government.
A person who runs a public bath business which is a public morals place of business shall not allow any person to view or peruse obscene documents, drawings, motion pictures, sound records, video products, and other obscene materials, or display or keep them for the purpose of distributing, selling, lending, viewing or viewing them.
Nevertheless, the Defendant, at around 23:00 on October 18, 2013, installed a computer body and television monitor at the third floor resting room of the above D, and taken a photograph of the pages where men conduct similarity by making use of the text, entry, etc. on the computer screen.