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(영문) 인천지방법원 2018.06.01 2018고정1153

교육환경보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a marina business establishment in the trade name of "C" from the Nam-gu B and the 1st underground of Incheon, and no one shall enter any facility or conduct any business prohibited from access to juveniles and any business prohibited from employing any female family members for the purpose of protecting the health, safety, learning, and educational environment of students pursuant to Article 2 subparagraph 5 (a) (8) of the Juvenile Protection Act in an educational environment protection zone.

Nevertheless, the Defendant, from around the day to March 5, 2018, operated the business in the name of "C" in the name of a relative protection zone in the educational environment protection zone located within 119 meters from the boundary line of D kindergarten. The Defendant set up a door at each entrance so as not to readily see the inside, and set up a beds to receive a marina in the inside, and notified the visitors visiting the said establishment by installing the facilities and equipment as above, and then carried out a horse business where the female employees are likely to have physical contact, such as math, math, etc., or to have sexual intercourse or similarity.

Summary of Evidence

1. Statement by the defendant in court;

1. Answers as to whether harmful business places around schools are located in educational environment protection zones;

1. Application of statutes on site photographs and business registration certificates;

1. Article 16(1) and Article 19 subparag. 13 of the Act on the Protection of the Educational Environment Eligible for the elective Punishment for Criminal Facts, and Selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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