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(영문) 부산지방법원 2016.12.02 2016고정1685

학교보건법위반

Text

Defendant shall be punished by a fine of one million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

No one shall conduct business in a school environmental sanitation and cleanup zone where the act of sex or of similarity is likely to be done by dividing it by a smuggling, closed space or partitions, etc. or by installing similar facilities.

On February 23, 2016, at a distance of about 147 meters from "C kindergarten", the Defendant operated 'Emast shop' in Gangseo-gu Busan Metropolitan City D located in school environmental sanitation and cleanup zone, and operated 'Emast shop' in 'Emast shop', 5 rooms installed in the business place, 1 shower room equipped with beds, bedclothes, etc., and operated 'Emast shop', which could cause sexual intercourse or similarity against unspecified customers.

Summary of Evidence

1. Partial statement of the defendant;

1. Notification of control of any business establishment violating the School Health Act;

1. Field control photographs;

1. Application of geographic information service statutes;

1. Article 19 (2) and Article 6 (1) 19 of the School Health Act and the selection of fines for criminal facts;

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

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