교육환경보호에관한법률위반
Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The Defendant is a person who operates a telephone PC in the name of “C adult PC” on the second floor of the Seoul Special Metropolitan City Gwangjin-gu building.
No one shall conduct a business or operate a telecommunications equipment and facilities installed in an educational environment protection zone by dividing it by smuggling, sealed space, or partitions, etc., or by installing similar facilities, such as computer, television, video viewing equipment and appliances, etc., and mediating voice dialogue among unspecified persons, with a type of business or telecommunications equipment and facilities, in which mainly media products for adults are likely to be distributed, such as game products, and speculative game products.
Nevertheless, from May 19, 2018 to February 7, 2019, the Defendant equipped with approximately 118 meters away from the boundary line of “E Elementary School” located in Gwangjin-gu Seoul Special Metropolitan City, which is an educational environment protection zone, with ten smuggling, and installed computers and telephones connected to the Internet in a smuggling room, and stored on the computer screen for viewing adult video works in which men and women have sexual intercourse, and operated telephone PCs with 6,000 won (including telephone, 18,000 won) per hour.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. A written accusation;
1. Application of the Acts and subordinate statutes to drillings (Attachment of control photographs to business establishments operating suspects);
1. Article 16 (1) and Article 9 subparagraph 13 of the Act on the Protection of Relevant Acts concerning facts constituting an offense and the Educational Environment Selection of 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 shows an attitude of recognizing and reflecting the instant crime, but on the other hand, the Defendant had been punished for the same kind of crime at the same place around 2018.
In addition, the defendant's age and behavior environment, the motive and consequence of the crime, and the situation after the crime is committed.