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(영문) 부산지방법원동부지원 2020.12.16 2020고정454

교육환경보호에관한법률위반등

Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. No person who violates the Educational Environment Protection Act shall operate a place of business dealing with sexual instruments which provide such sexual instruments as a self-defensive instrument to sell, rent, or use such sexual instruments in an educational environment protection zone for the health, sanitation, safety, learning, and educational environment of students;

그럼에도 불구하고 피고인은 2020. 3. 10.경 부산 해운대구 B에 있는 C초등학교 경계로부터 직선거리로 148.56m 정도 떨어진 교육환경보호구역 안에 있는 부산 해운대구 D에 있는 조립식 건물에서, ‘성인용품’이라는 팻말을 부착한 채 남성ㆍ여성용 자위행위기구 등 성기구를 판매하는 영업을 하였다.

2. On February 21, 2020, the Defendant operated an Oral Ba, the holder of Oral Ba in violation of the Guarantee of Automobile Accident Compensation Act, which had not been covered by mandatory insurance. However, on February 11, 2020, the Defendant operated the Oral Ba, which had not been covered by mandatory insurance at least 4 km from the front of Busan Shipping Daegu E-do to the front of the “G” located in Busan Shipping Daegu F.

Summary of Evidence

1. Notification of detection of business places (violation of the Education Environment Protection Act) violating the law of the accused's statutory statement, statement, notification of detection of business places violating the law, and report of detection of offenders;

1. Reports on internal investigation (in addition to field photographs, etc.), reports on internal investigation (specific location within the educational environment protection zone), and reports on internal investigation (issuance of penalties);

1. Application of the Acts and subordinate statutes to photographs taken of otobs;

1. Relevant legal provisions of facts constituting an offense, Articles 16 (1) and 9 subparagraph 13 (a) of the Act on the Protection of the Educational Environment Protection (a point of operating a sexual organ handling business within an educational environment protection zone), Article 46 (2) 3 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation (a point of operating mandatory insurance) and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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