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(영문) 인천지방법원 2019.05.30 2019고단1989

교육환경보호에관한법률위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a marina business with the trade name “C” from the Nam-gu Incheon Metropolitan City B building and the third floor.

No one shall conduct business in an educational environment protection zone, equipped with a toilet, bath, etc. in a sealed room, enclosed space, or partitions, or similar facility, and install a sclosion, hydrogen, etc. which can be modified in the form of bedclothes, bed, bed, or bed with physical contact, such as bed, pet, antipulmonary massage, and liquid shock, or exposed to the parts of the sex-related body, or have concerns over being conducted sexual conduct or similarity.

Nevertheless, from September 29, 2018 to March 6, 2019, the Defendant, in the above “C” located within the educational environment protection zone (176 meters from D kindergarten), operated a marina business where many unspecified male descendants are likely to cause sexual traffic or similar sexual traffic by having ten smuggling and shower rooms kept in the inside, and guiding them as such.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of and report on the case under violation of the Educational Environment Protection Act;

1. Application of Acts and subordinate statutes, such as site photographs, to the distance of a relative to the GIS on the educational environment protection zone, such as a photo;

1. Article 16(1) and Article 9 subparag. 13 of the Act on the Protection of Relevant Acts and the Educational Environment elective for the Crime, and the Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act (including the fact that there is a previous conviction of the same kind of fine, the accused is led, and the accused has no criminal records other than the previous conviction);