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(영문) 서울중앙지방법원 2014.08.04 2014고정3259

학교보건법위반

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

The defendant is operating a marina business in the second floor of the building located in Gwanak-gu in Seoul Special Metropolitan City with the trade name "C".

No person shall conduct any act or install any facility falling under a school environmental sanitation and cleanup zone, the straight distance of which is not more than 200 meters, prohibited from allowing access by or employing juveniles.

Nevertheless, from September 24, 2013 to May 22, 2014, the Defendant installed five partitions installed in the above C business establishment located at a distance of 60 meters from neighboring D kindergartens, and operated a business that is likely to engage in sexual conduct or act of similarity with unspecified customers by conducting a business that is likely to engage in physical contact with them.

Summary of Evidence

1. Defendant's legal statement;

1. A school environmental sanitation and cleanup zone guidance system;

1. Application of each statute on photographs;

1. Relevant provisions of the Act and Articles 19 (2) and 6 (1) 19 of the School Health Act (general provisions and choice of fines) concerning facts constituting an offense;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment has been in operation of the instant marina business establishment from May 2012, and in the process, even though the Defendant was punished twice or by a fine due to a violation of the School Health Act, he/she continues to operate the relevant marina business at the same place.

However, the continued crime seems to be due to the failure to organize the business place, and as it appears not to be due to the defendant's anti-social attitude, the circumstances are not considered.

The punishment shall be determined in consideration of the location of the instant marina business, the accessibility of surrounding juveniles, the criminal records and occupation of the defendant, etc.

It is so decided as per Disposition for the above reasons.