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(영문) 인천지방법원 2019.08.13 2019고단1987

교육환경보호에관한법률위반

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a marina business with the trade name “C” from the Nam-gu Incheon Metropolitan City B building and the second floor.

No one shall conduct business in an educational environment protection zone, equipped with a toilet, bath, etc. in a sealed room, enclosed space, or partitions, or similar facility, and install a sclosion, hydrogen, etc. which can be modified in the form of bedclothes, bed, bed, or bed with physical contact, such as bed, pet, antipulmonary massage, and liquid shock, or exposed to the parts of the sex-related body, or have concerns over being conducted sexual conduct or similarity.

Nevertheless, from November 28, 2018 to March 4, 2019, the Defendant, at the above “C” located within an educational environment protection zone (9 meters from D University), provided six smuggling and shower rooms equipped with the inside of the inside of the inside, and operated a marina business establishment that is likely to cause sexual traffic or similar sexual traffic by guiding an unspecified number of male descendants to the said smuggling.

Summary of Evidence

1. Defendant's legal statement;

1. Detection and reporting of cases in violation of the Educational Environment Protection Act;

1. Business registration certificate and on-site photographs;

1. Application of the Acts and subordinate statutes governing the distance of a relative zone in an educational environment protection zone;

1. Article 16 (1) and Article 9 (1) 13 of the Act on the Protection of Education and Environment for Criminal Facts and the Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act (including the fact that a person commits a crime and reflects the crime, and the fact that there is no criminal record exceeding the fine);