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(영문) 수원지방법원 성남지원 2013.08.30 2013고정1199
풍속영업의규제에관한법률위반등
Text

Defendants shall be punished by a fine of KRW 1,500,000.

If the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

Defendant

A is the operator of the business in Sungnam-si C. 303, the D. D. 303, and Defendant B is the employees of the above resting room.

1. 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, music records, video products, or other obscene materials at a place carrying on the business affecting

Nevertheless, at around March 8, 2013, the Defendants conspired to provide information on the room where a computer was installed at the above rest room against many unspecified customers on a daily basis, and then entered E in the Internet address search room at the computer and then got off the Amera, and then allowed customers to view and peruse adult pornographys, etc. by accessing the F’s server to the adult obscene site where the server was located in a foreign country via the Nmera.

2. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection shall distribute information with a content of distributing, selling, leasing, or openly displaying obscene codes, words, sound, images, or motion pictures through an information and communications network;

Nevertheless, the Defendants conspired to distribute information with a public display of obscene images via the information and communications network at the same time, time, place, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. On-site photographs;

1. Application of seizure records and list statutes;

1. Defendants: Articles 10 (2) and 3 subparagraph 3 (b) of the Act on the Regulation of Amusement Businesses Affecting Public Morals, Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and the choice of fines;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. The Defendants: Article 48 of the Criminal Act.

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