beta
(영문) 인천지방법원 2020.02.11 2018고정2257

교육환경보호에관한법률위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the head of "C" in Incheon Gyeyang-gu B and the second floor.

In order to protect students' health, sanitation, safety, learning, and educational environment, no person shall be allowed to engage in physical contacts between unspecified persons or sexual acts, such as exposure to a sealed part, or other similar acts, within an educational environment protection zone, which are determined by the Juvenile Protection Committee and to engage in prohibited acts and facilities publicly announced by the Minister of Gender Equality and Family.

Nevertheless, from August 2017 to September 13, 2017, the Defendant maintained about 10 rooms, shower facilities, bed, and cream (cream), etc. located in D secondary schools from D secondary schools, to September 13, 2017, with approximately 145 meters away from D secondary schools, and operated a marina business which is likely to expose the parts of the body related to dancing, sediment, antipulmonary massage, physical contact, or sex.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Reporting on detection (prohibited acts, etc. in educational environment protection zones);

1. On-site photographs;

1. Application of Acts and subordinate statutes to report investigation results;

1. Article 16(1) and Article 9 subparag. 13 of the Act on the Protection of Relevant Acts concerning criminal facts and the Educational Environment Selection for Punishment, and Selection of Fines;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the room is opened so that it can be seen from outside of the business place operated by the defendant, so the room is not sealed, so there is no fact that the prohibition facility was installed or prohibited.

2. Determination

(a) No person shall engage in any of the following activities or facilities in an educational environment protection zone in order to protect the health and sanitation, safety, learning, and educational environment of students:

(b).