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(영문) 서울서부지방법원 2014.02.04 2014고정193
풍속영업의규제에관한법률위반
Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 10 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

C is a business owner in the name of Eunpyeong-gu Seoul Metropolitan Government "E (one-person key)" on the third floor of the D building, and the defendants are the actual owners of the above business.

No person who carries on the amusement business affecting the public morals, shall have any person do any obscene act, or mediate or provide it at a place which carries on the amusement business affecting the public morals.

Nevertheless, at around 23:30 on May 23, 2013, the Defendants conspired to employ female employees F, G, etc. and found the said place of business by having male customers receive KRW 60,00 per hour from female employees and guests receive 60,000 won per hour, and had them talk, kis, and pets, etc. in the smuggling room where simple intrusion is installed, and had customers boom with their sexual organ, and had them do obscenity.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against C and Defendants

1. Each police statement concerning G and F;

1. Application of the respective Acts and subordinate statutes of H and I

1. Article 10 (2) and Article 3 subparagraph 2 of the Act on the Regulation of Amusement Businesses Affecting Public Morals, Articles 30 of the Criminal Act, Article 30 of the Criminal Act, and the choice of fines for the crimes;

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

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