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(영문) 부산지방법원 서부지원 2018.10.10 2018고정707

교육환경보호에관한법률위반등

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall operate a singing practice room business and facility in an educational environment protection zone to protect the health, sanitation, safety, learning, and educational environment of students, and any person who intends to operate a singing practice room shall be equipped with a facility for singing practice room and registered with the head of the Si/Gun/Gu.

Nevertheless, on December 14, 2017, the Defendant prepared and sold alcoholic beverages to customers under the name of “Ding practice place” without being registered with the Busan High School Office (C elementary school distance of 54.14 meters), which is an educational environment protection zone, and installed facilities for customers to sing and singing.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning internal investigation reports, field photographs, and guidance for educational environment protection zones;

1. Article 34 (3) 1, Article 18 (1) (a) of the Music Industry Promotion Act (a point in which a non-registered singing practice room is operated) on criminal facts, Articles 16 (1) and 9 (24) of the Act on the Protection of Educational Environment (a point in which an act prohibited in an educational environment protection zone is violated) on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

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