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(영문) 부산지방법원 동부지원 2019.08.14 2019고단660
풍속영업의규제에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

The defendant of "2019 Highest 660" is a person who operates "D in Busan Highest Da and 3 floors."

No person who runs an amusement business affecting the public morals shall allow to view or peruse obscene documents, drawings, movies, records, video products, or other obscene materials.

Nevertheless, at around 20:20 on February 28, 2019, the Defendant violated the code of practice of the business operator affecting the amusement of the public morals by allowing the customers who found the place at the above rest room to view obscene video products by receiving KRW 5,000 per hour.

Defendant B is the owner of “F” in the Busan Jin-gu E and the third floor, Busan Jin-gu, and Defendant A is a person who performs a business on behalf of B at the above rest area for up to two weeks.

No person who runs an amusement business affecting the public morals shall allow to view or peruse obscene documents, drawings, movies, records, video products, or other obscene materials.

Nevertheless, at around 16:05 on February 27, 2019, the Defendants conspired to commit a violation of the code of conduct of the amusement business operators affecting the public morals by having the customers who found their places at the above rest room receive KRW 5,000 per hour and view obscene video products.

Summary of Evidence

"2019 Highest 660"

1. Defendant A’s legal statement

1. G statements;

1. Investigation reports (with regard to details of control, etc.), field photographs "2019 Highest 877";

1. Defendants’ respective legal statements

1. A written statement;

1. Application of statutes on site photographs;

1. Article 10 (2), subparagraph 3 (b) of Article 3 of the Act on the Regulation of Amusement Businesses Affecting Public Morals, Articles 10 (2) and 3 (2) and subparagraph 3 (b) of the same Article of the same Act on the Regulation of Amusement Businesses Affecting Public Morals, Articles 10 (2) and 3 subparagraph 3 (b) of the Act on the Regulation of Amusement Businesses A, and Article 30 of the Criminal Act (a violation of the matters to be observed by public offering): Articles 10 (2) and 3 subparagraph 3 (b) of the same Article of the Act on

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

1. Defendants to be detained in the workhouse: Article 70 of the Criminal Code.

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