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(영문) 인천지방법원 2017.08.25 2017고정1576

교육환경보호에관한법률위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates a marina business in the name of "C" from the Bupyeong-gu Incheon Bupyeong-gu B and the second floor.

No person shall enter a juvenile in an educational environment protection zone (in an absolute protection zone from the entrance of a school up to 50m in a straight line, and a relative protection zone up to 200m in a straight line from the school boundary) to protect the health, safety, learning, and educational environment of students, and conduct any facility or act prohibited from entering a juvenile's family under Article 2 subparagraph 5 (a) (viii) of the Juvenile Protection Act.

Nevertheless, the Defendant, from around December 1, 2016 to April 12, 2017, had five-school shower goods and shower rooms installed in the form of smuggling, such as setting up a shower room at the 101m-meter radius from the boundary line of D High School, and making it difficult to see the inside of the room easily, and operated a marina business, such as giving guidance to the customers found at the above establishment, and doing so.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (related to a summary of the commencement of internal investigation);

1. Application of Acts and subordinate statutes to field photographs (Evidence 26 to 29 pages);

1. Article 16 (1) and Article 19 subparagraph 13 of the Act on the Protection of Educational Environment, the selection of a relevant law and a punishment concerning criminal facts, and the selection of a fine;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.