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(영문) 서울북부지방법원 2014.05.22 2013고정159

학교보건법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a her innerly named “D” with the trade name from the 1st floor of Dongdaemun-gu Seoul Metropolitan Government.

No one shall conduct business in a school environmental sanitation and cleanup zone, which is demarcated by a smuggling, enclosed space or partitions, or which is similar to this, with chairss, waves, etc. which can be converted into bedclothes, bed, or bed in an bed, and shall conduct business which is likely to expose physical contact, such as dancing, antipulmonary massage, physical shock, etc. or to cause sexual conduct or similarity.

Nevertheless, on October 23, 2012, the Defendant had a small wave that can be modified according to course in six school rooms at the above address corresponding to the school environmental sanitation and cleanup zone at the distance of 158.7m on October 23, 2012, and had a male grandchild receive KRW 70,000 won per hour from the male grandchild and use each room with the female employee so that the Defendant had a view to physical contact between the male grandchild and the female employee.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Statements made by witnesses G and H in the fourth trial records;

1. G statements;

1. A report on investigation, and a investigation report (limited to related video materials);

1. Images of CDs;

1. Application of the statutes on the copy of business registration certificate and of daily sales account books;

1. Relevant Article 19 (2) and Article 6 (1) 19 of the School Health Act and subparagraph 5 (a) and (8) of Article 2 of the Juvenile Protection Act (Selection of Fines) concerning criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;