beta
(영문) 서울동부지방법원 2019.01.30 2018고단3344

교육환경보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a business establishment in a mutual marina of “B”.

No person shall enter juvenile-related facilities and conduct activities in educational environment protection zones (in absolute protection zones up to 50 meters in straight line from school entrance doors, and relative protection zones up to 200 meters in straight line from school boundary lines) falling under the business publicly notified by the Minister of Gender Equality and Family pursuant to subparagraph 5 (a) 8 of Article 2 of the Juvenile Protection Act to protect health, sanitation, safety, learning, and educational environment of schools

Nevertheless, from October 18, 2013 to June 22, 2018, the Defendant, with the trade name of “B” on the first floor of the building located in Songpa-gu Seoul Metropolitan City, divided it into partitionss at a place designated as a relative protection zone from the boundary line of D Middle School from around 134 meters to around 134 meters, and made it difficult to readily see the inside, and operated a shower room in which a shower box installed with a shower box was operated separately, and a business that is likely to cause sexual intercourse or similarity to customers visiting the shower.

Summary of Evidence

1. Defendant's legal statement;

1. Report on occurrence (the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.) and investigation report (the contents of conversation between enforcement officers and A);

1. Application of the Acts and subordinate statutes on cutting down a map photograph which is found at the location of the defendant's establishment, Red Sea, Red Sea, photographic photo taken inside the defendant's establishment, and that the defendant's establishment is located at a distance of 134 meters from D secondary schools

1. Article 16(1) and Article 9 subparag. 13 of the Act on the Protection of Relevant Acts concerning criminal facts and the Educational Environment Selection for Punishment, and Selection of Fines;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The defendant is punished by imprisonment for six months with prison labor for violating the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. at the Seoul Eastern District Court on November 2, 2017.