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(영문) 서울중앙지방법원 2017.08.31 2017고단612 (1)
풍속영업의규제에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

C is a person who installs five rooms in approximately 30 square meters in Gangnam-gu, Seoul and about 101 stories, and installs a camera facility in approximately 30 square meters, and operates a key room in the trade name of "E", and Defendant A is a person who works as the head of the office in the above "E".

No person who conducts public morals business shall have another person do obscene acts, arrange for or provide such acts in a place where he/she conducts public morals business (hereinafter referred to as "public morals business place").

Defendant

A and C, around August 17, 2016, had an unspecified number of male grandchildren who found their places in the “E” perform obscene acts such as 30,000 won per hour, 70,000 won and 24,000 won and the female employees F (n, 22 years of age) and G (n, 22 years of age) in the said business establishment, kis with the said customers, and kis and bucks.

As a result, Defendant A conspired with C to have obscenity engage in obscene acts at a public morals place of business or arranged it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a suspect of the police against F or G;

1. Application of the Acts and subordinate statutes concerning places of business, such as site photographs;

1. Article 10 (2) and Article 3 subparagraph 2 of the Act on the Regulation of Customs and Business under the relevant Act on Criminal Facts, Article 30 of the Criminal Act;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act has the record of being sentenced to a fine several times for a similar crime.

However, the defendant acknowledges and reflects the facts charged.

In this case, the period of participation in the crime is shorter.

In addition, the sentencing conditions specified in the argument of this case, such as the defendant's age, sexual conduct, environment, motive and result of the crime, and circumstances after the crime, shall be determined in the same manner as the order.

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