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(영문) 서울중앙지방법원 2013.08.19 2013고정2709
영화및비디오물의진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is operating the “C” in the Jung-gu Seoul Metropolitan Government B and 3.

No one shall offer video products which have not been classified by the Korea Media Rating Board for viewing.

Nevertheless, at around 12:00 on March 12, 2013, the Defendant: (a) stored video products which had not been classified by the Korea Media Rating Board, which had a sex-related relationship, in the said business establishment, by downloading them into a camera computer in the cater; (b) linked the two computers to each room with the eight computers in each room and network; and (c) created a directly strawer connected with the network on the computer screen in each room; and (d) allowed customers who found the space to connect the said video products with the digital computer in which the said video products were stored by using the computer at KRW 5,00 per hour; and (e) offered the said video products for viewing.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect;

1. Each statement (D, E);

1. Sales slip or obscenity closure data and a real estate lease agreement;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 95 applicable to criminal facts and subparagraph 6 of Article 95 and Article 53 (1) 1 of the Act on the Promotion of Motion Pictures and Video Products, which are the option of choosing a punishment;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The sentencing reasons under Article 334(1) of the Criminal Procedure Act include the period during which the defendant operated a criminal defendant who recorded the facts constituting a crime, profits acquired by the defendant as an act entered in the criminal facts, the defendant has no record of criminal punishment, and all other circumstances constituting the conditions for sentencing, such as the defendant's age, character, conduct, environment and property status.

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