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(영문) 청주지방법원 2018.07.12 2018고정258

교육환경보호에관한법률위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Defendant

A is the owner of "D" on the Cheongju-si C and the second floor, and on September 6, 2013, A reported the foregoing establishment as the production of music records and music video works and operated it until the time of arrest.

1. No person who violates the Educational Environment Protection Act shall operate a singing practice room business and establish any facility in an educational environment protection zone to protect the health, sanitation, safety, learning, and educational environment of students;

Nevertheless, from January 10, 2014 to January 25, 2018, the Defendant, located within 200 meters from the boundary line of E elementary school and F middle school and established as an educational environment counter-protection zone, operated a singing practice room business against many unspecified customers who find the said business.

2. A person who intends to engage in a singing practice room in violation of the Music Industry Promotion Act shall be equipped with facilities for singing practice room and registered with the head of a Si/Gun/Gu.

Although the Defendant did not have registered a singing practice place business, the Defendant carried on a singing practice place business by installing facilities, such as video reflectrs, at four guest rooms at the same time and place as the above “A,” and allowing an unspecified number of customers who found the said place of business to singing out by using anti-sing machines, etc.

Accordingly, the defendant did not register with the head of the competent Gu and carried on the music practice place business.

3. No sing practice provider who violates the Music Industry Promotion Act shall allow any juvenile to enter the relevant place for a period other than the hours prescribed by Presidential Decree from 09:0 to 22:00;

Nevertheless, around 01:00 on January 25, 2018, the Defendant: (a) directed 6 juveniles, including G ( South and 15 years old), who found “D” around 01:0; (b) provided guidance to the “Tgu” room.

Accordingly, the defendant allowed the juvenile to enter the juvenile at the time of restricting the access of the juvenile.

Summary of Evidence

1. The defendant's person;