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(영문) 수원지방법원 2016.09.08 2016고정1466

학교보건법위반

Text

The defendant shall be innocent.

Reasons

1. The Defendant is the owner of a “D” business in Suwon-si, Suwon-gu, Suwon-si C and the second floor.

No one shall conduct activities determined by the Juvenile Protection Committee and conduct acts corresponding to those publicly notified by the director of female family in the relevant school environment sanitation and cleanup zone, among businesses providing services that result in physical contacts between unspecified persons, exposure to smuggling parts, or other similar acts, or that are likely to commit such acts.

Nevertheless, the defendant from April 16, 2016 to the same year.

5. From 00:10 up to 00:10, up to the above “D” located within the relative school cleanup zone of E middle school, a business operated a business which is likely to engage in sexual conduct or act of similarity in the school sanitation cleanup zone by being equipped with the partitions and five partitions partitioned with the partitions.

2. Determination

A. As to the facts charged, the prosecutor of the legal system applicable to the charges filed the instant prosecution in accordance with Article 19(2) and Article 6(1)19 of the former School Health Act (amended by Act No. 14055, Mar. 2, 2016).

[School Health Act] Article 6 (Prohibition, etc. in School Environment Cleanup Zone) (1) No person shall conduct any of the following acts and facilities in school environment sanitation and cleanup zone:

Provided, That acts and facilities deemed not to have any adverse effect on learning and school health and sanitation by the superintendent of an office of education or by a person delegated by the superintendent of an office of education among the acts and facilities prescribed in subparagraphs 2, 3, 6, 10, 12 through 18 and 20 shall be excluded in a zone prescribed by Presidential Decree:

19. Article 19 (Penalty Provisions) (2) Article 6 (1) shall apply to the business establishments falling under subparagraph 5 (a) (¥§) of Article 2 of the Juvenile Protection Act, and the business establishments falling under items (a) (¥§) or (¥§) and (b) (¥§) of the same subparagraph, which are publicly notified by the head of a female family under subparagraph 5 (a) (¥§) of the same Article.