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(영문) 부산지방법원 2015.07.23 2014고단5166

학교보건법위반등

Text

Defendant

A shall be punished by a fine of KRW 7,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a business owner of F, 3rd floor “G sports marina site”, 4th floor “H sports marina site” in Busan East-gu.

No one shall conduct business of providing services in school environmental sanitation and cleanup zones where physical contacts, exposure to a sealed part, etc. are conducted between unspecified persons, or any other similar act is likely to be conducted.

The business places of the Ma-gu branch are located within 200 meters of the environmental sanitation cleanup zone of the kindergarten because they are located far away from 177 meters from the neighboring I kindergarten.

Nevertheless, the Defendant: (a) from March 7, 2014 to April 22, 2014, from around 17:30 to April 22, 20:40; (b) from March 7, 2014 to around 17:30, to April 23:30, 2014, the Defendant provided the said “H sports massage site”; (c) among them, the Defendant provided the said “G sports massage site” with the studio7, shower room, one room, and two rooms of the water surface; and (d) provided the “H sports massage site” with the studio 7, shower room, one room, and two rooms of the water surface room, and (e) provided female employees with the 30,000,150,000 won to many male customers, and had them provide the same with the overall food sanitation cleanup zone.

Summary of Evidence

1. Defendant A’s legal statement

1. Legal statements by witnesses C and B;

1. C’s statement;

1. Reporting on detection of, guidance for, and application of Acts and subordinate statutes on photographs of violated business places;

1. Article 19 of the School Health Act (amended by Act No. 12131, Dec. 30, 2013) and Article 6(1)19 of the same Act, the selection of fines for criminal facts, and the selection of fines for negligence.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The summary of the facts charged is as follows: Defendant A’s sports horse and Busan.