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(영문) 창원지방법원 마산지원 2020.01.22 2019고단1045

교육환경보호에관한법률위반

Text

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

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

Reasons

Punishment of the crime

No person shall operate a business establishment harmful to juveniles that provides services that are likely to engage in physical contacts between unspecified persons or sexual acts, such as exposure to sealed parts, or to engage in similar acts in an educational environment protection zone.

Nevertheless, from the early February 2019 to September 21, 2019, the Defendant operated a business establishment that provides physical contacts between unspecified persons or sexual acts, such as exposure to a sealed part, etc., or services that are likely to be conducted, or similar acts, in the educational environment protection zone, by installing facilities partitioned by the open door 131.02m away from the boundary of B elementary school located in the educational environment protection zone, and each room, which are located near the entrance. In addition, the Defendant operated a business establishment that provides services that are likely to cause physical contacts between unspecified persons or sexual acts, such as exposure to a sealed part, or similar acts.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes as a result of internal investigation reports (on-site photographs) and search of educational environment information systems;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the place of sexual traffic in the vicinity of an elementary school has a negative impact on learning and the educational environment. On the other hand, the defendant recognized and reflected the fact of the crime, and thus he does not operate the above business in the future. The defendant is a primary offender, and the defendant is determined as a punishment by taking into account various circumstances revealed in the records and trial process of this case, such as the defendant's age, character and behavior, career, home environment, motive of the crime, and circumstances after the crime