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(영문) 대구지방법원 2018.08.14 2018고정498

교육환경보호에관한법률위반

Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No person shall conduct business to provide services in an educational environment protection zone for the protection of the health, sanitation, safety, learning, and educational environment of students, in which physical contacts between unspecified persons, exposure to a sealed part, etc., or other similar acts are likely to occur, or which are likely to occur.

Nevertheless, from January 2017 to January 31, 2018, the Defendant installed six smuggling area, shower rooms, etc. in the name of “D” from the Daegu Suwon-gu C and the second floor located within a relative protection zone from B high school, and operated a stop business in which physical contacts and exposure to the smuggling part, etc., or any other similar act is likely to occur.

Summary of Evidence

1. Statement by the defendant in court;

1. A fireproof report (as regards school environment sanitation and cleanup zones), on-site photographs;

1. Application of Acts and subordinate statutes to report internal accidents (as to concerns that sexual acts of marina business places may be conducted);

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;