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(영문) 서울동부지방법원 2018.07.17 2018고정611

교육환경보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

In an educational environment protection zone, no business activity or facility that provides services that are likely to engage in physical contacts between unspecified persons, or sexual conduct, such as exposure to a sealed part, or to engage in any similar conduct, shall be allowed.

Nevertheless, on March 6, 2018, the Defendant operated a business establishment within 200 meters from the boundary of the Seoul University located in the educational environment protection zone, with the trade name “D” from Seongdong-gu Seoul and underground floors located in Seongdong-gu Seoul, Seoul, and the first floor located in the educational environment protection zone, and operated a business act with partitions seven, two indoor rooms, and a camera, and provided services that are likely to cause physical contacts or exposure to confidential parts against unspecified persons, or any similar act.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (the location of a D establishment) (the application of statutes;

1. Article 16 (1) and Article 16 (9) of the Act on the Protection of Relevant Acts concerning criminal facts and the Selective Educational Environments, and Selection of fines;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention of a workhouse is that the Defendant again committed the instant crime even if he/she was subject to criminal punishment by committing the same kind of crime on March 2017, and the purport of the Act on the Protection of Educational Environment, etc., taking into account the sentencing conditions stated in the instant trial, such as the purport of the Act on the Protection of Educational Environment, does not seem to be excessive.