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(영문) 서울서부지방법원 2018.02.09 2017고정1634

교육환경보호에관한법률위반

Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

No person shall be equipped with telecommunications equipment and facilities in an educational environment protection zone to conduct business of mediating voice conversations or video conversations between unspecified persons, or allow them to view adult video works, in order to protect the health, sanitation, safety, learning, and educational environment of students.

Nevertheless, on June 26, 2017, the Defendant installed at 13 rooms located in the branch of Seodaemun-gu Seoul Metropolitan Government (Seoul), the educational environment protection zone around 21:00, and arranged adult women and voice conversations with unspecified customers by receiving KRW 15,000 per hour, or allowed them to view obscene video works stored on a computer after receiving KRW 6,00 per hour.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes to report internal investigation (D on-site investigation);

1. Article 16 (1) and Article 9 subparagraph 13 of the Act on the Protection of Relevant Acts and the Educational Environments Eligible for the Selection of Punishment for Criminal Facts, the main sentence of subparagraph 5 (a) and (vii) of Article 2 of the Juvenile Protection Act, and subparagraph 8 of the same Article (Selection of a punishment penalty) (excluding the punishment);

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

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