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(영문) 울산지방법원 2018.02.20 2017고정1080

교육환경보호에관한법률위반등

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

In order to protect the health, sanitation, safety, learning, and educational environment of students, anyone shall not engage in acts and facilities falling under the game industry without deliberation by the local committee in the educational environment protection zone, and anyone who intends to operate the juvenile game providing business shall be registered with the head of the competent Gu with the facilities, but at the same time, the defendant did not register with the head of the competent Gu, from August 2016 to February 16:10, 2017, without registering with the head of the competent Gu, and operated a business to attract cash and gather free gifts to many and unspecified persons, by installing one MFNOS game machine, which is a game product, from the boundary line of the C middle school located in the Ulsan Northern-gu B, Ulsan Metropolitan City to February 16, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A drawing to output information service in a school environment cleanup zone;

1. Application of Acts and subordinate statutes on site photographs;

1. Subparagraph 2 of Article 45 of the relevant Act on the Promotion of the Game Industry Act and Article 26 (2) of the same Act on criminal facts (the occupation of the business providing juveniles with unregistered game), Article 16 (1) and subparagraph 19 of Article 9 of the Act on the Protection of Educational Environment (the occupation of the business providing games in educational environment protection zones);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a person who violates the Act on the Protection of Educational Environment which is heavier than that of the principal);

1. Selection of an alternative fine for punishment;

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;