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(영문) 전주지방법원 2016.08.26 2016고단889
영화및비디오물의진흥에관한법률위반등
Text

Defendant

A Imprisonment of six months, and Defendant B shall be punished by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A is a business owner who operates a video viewing business using PC in the name of "D" in the Seongdong-gu Seoul Metropolitan City, Seoul, and Defendant B is a worker who has worked in the above rest room with a daily amount of KRW 50,000.

1. Anyone who intends to run a video viewing business shall register with the head of a Si/Gun/Gu;

Nevertheless, the Defendant, without registering as above, provided that, from Sep. 2014 to Mar. 28, 2016, at ten partitioned rooms from D’s above “D”, Defendant provided a large number of unspecified customers with hearing materials, such as computers, monitors, and chairs, with obscene video (one-spathno) received from the Internet site, etc.

2. No person who conducts business of Defendant A or Defendant B shall allow any person to view or peruse obscene motion pictures, videos, or other obscene materials, or display or keep them for such purpose;

Nevertheless, at around 22:20 on March 28, 2016, the Defendants conspired to provide the unsatisfy male descendants who found this area in the “D” No. 8 above, with a fee of KRW 7,000 per hour and offered them to view obscene videos (personal satfyno) as prescribed in paragraph (1) above, such as providing them for viewing obscene videos (personal satfyno) at the Internet site from September 2014 to September 201, the Defendants collected obscene videos from the Internet site to store them in the body of the computer and then kept a obscene video file in the PC for that purpose.

Summary of Evidence

1. Defendants’ respective legal statements

1. Request for establishment in violation of the Promotion of the Motion Pictures and Video Products Act, and report on the enforcement thereof;

1. Copy of the control report on the public morals place;

1. Reporting on detection;

1. A protocol of seizure and a list of seizure;

1. A criminal investigation report (verification of reported details);

1. Application of each statute on photographs;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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