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(영문) 대구지방법원 2013.12.11 2013고정2391

학교보건법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who has operated an adult product store in the Daegu Suwon-gu C Building underground without trade name.

No one shall conduct business of manufacturing, producing, or distributing media products, drugs, etc. harmful to juveniles in school environmental sanitation and cleanup zones, or conduct any act of a business establishment determined by the Juvenile Protection Committee in accordance with the standards prescribed by Presidential Decree and publicly notified by the Minister of Gender Equality and Family as harmful to juveniles.

Nevertheless, from January 10, 2013 to July 10, 2013, the Defendant violated the above matters by operating adult product stores, such as “establishment of sex-related organizations, such as self-defense organizations, etc.,” falling under Article 2011-30 of the Ministry of Gender Equality and Family’s notification, at the underground of the Daegu L-gu Building in the school environmental sanitation and cleanup zone, located within 185 meters from the boundary of D kindergarten.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of the defendant;

1. Location map;

1. Public notification to the Ministry of Gender Equality and Family;

1. Application of statutes on site photographs;

1. Article 19 of the School Health Act and Articles 19 and 6 (1) 19 of the same Act concerning the selection of criminal facts;

1. Articles 70 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;