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(영문) 대구지방법원서부지원 2020.11.17 2020고정190

교육환경보호에관한법률위반

Text

1. The defendant shall be punished by a fine of one million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

No person shall engage in business of providing services that are likely to engage in physical contacts between unspecified persons or sexual conduct, such as exposure to sealed parts, or to engage in any similar conduct within an educational environment protection zone.

Nevertheless, from October 15, 2019 to February 6, 2020, the Defendant installed six smuggling area, shower rooms, etc. in the name of “D” on the second floor of the Daegu Western-gu C Building located within an educational environment protection zone from B middle school from October 15, 2019, and operated a marina business where physical contacts and exposure to the sealed parts, etc., or where the act of sexual contact and other similar acts is likely to occur.

Summary of Evidence

1. Defendant's legal statement;

2. Application of the Acts and subordinate statutes to photographic materials and internal investigation reports (educational environment protection zones GIS photographs) taken at the control site;

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

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

3. Article 334 (1) of the Criminal Procedure Act.