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(영문) 부산지방법원 2012.08.23 2012고정2890
풍속영업의규제에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

1. No person who carries on the amusement business affecting the public morals in violation of the Act on the Regulation of the Businesses Affecting the Public Morals, shall have any person do any acts of amusement, or mediate or provide it

The Defendant operated the term “KIKO” with the trade name of Busan Sho-gu B, and, around March 23, 2012, around 22:40, the Defendant received KRW 55,00 from C, a customer, and had the employee D, kis, and chest do obscene acts, such as d, kis, and chest.

Accordingly, the Defendant assisted the obscene act as a person doing the amusement business affecting the public morals.

2. No person who violates the Employment Security Act shall recruit workers with the intention to have them find an obscene job in a job; and

On March 20, 2012, the Defendant employed 6 female employees, including D, as employees, on condition that they pay 20,000 won per 30 minutes per 30 minutes. From around that time to March 23, 2012, the Defendant had them receive remuneration from the insular customers from the insular customers and engage in kis in the kis in the studs sealed with the customers, and had them look at the breasts above the clothes of the female employees.

As a result, the defendant recruited workers for the purpose of having them find a job where obscene acts are conducted.

Summary of Evidence

1. Defendant's legal statement;

1. C’s written statement, D’s written statement;

1. Application of the Acts and subordinate statutes governing investigation reports and examination site photographs;

1. Article 10 (2) and Article 3 subparagraph 2 of the Act on the Regulation of Amusement Businesses Affecting Public Morals for the Fact of crime, Article 46 (1) 2 of the Employment Security Act, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

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