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(영문) 인천지방법원 2017.04.21 2017고정391

학교보건법위반등

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 a person who operates the "C Party Head" in the Nam-gu Incheon Metropolitan City B.

1. No person who violates the Health Act in any school environment sanitation and cleanup zone shall commit any act or install any facility detrimental to public morals and morals, or any act or facility harmful to juveniles;

Nevertheless, from June 1, 2016 to September 6, 2016, the Defendant established and operated a billiard hall against many unspecified people at a place 40 meters away from the boundary line of "E School" in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, which was designated as a school environment cleanup zone.

2. A person who intends to conduct sports facility business in violation of the Installation and Utilization of Sports Facilities Act shall report to the head of a Si/Gun/Gu of a Special Self-Governing Province as prescribed by Ordinance of the Ministry of Culture and Tourism.

Nevertheless, the defendant did not report to the competent authorities as above, and established 11 units for the Gu party against many and unspecified persons, and operated the Gu party branch.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes on site photographs to a school environment sanitation and cleanup zone;

1. Article 1 of the pertinent Act on criminal facts and Article 1 of the former School Health Act (amended by Act No. 13946, Feb. 3, 2016; Article 1 of the Addenda of Act No. 13946; Act No. 13946); and Article 2 (Transitional Measures concerning Penal Provisions) provides that where penal provisions are applied to acts before enforcement, the former Act shall be applied as it is, and Articles 19 (2) and 6 (1) 14 (Operation of Facilities Prohibited from Environmental Cleanup Zone) of the Act on the Establishment and Utilization of Sports Facilities, Article 38 (2) 1 and 20 (1) (Operation of Facilities Prohibited from School Health and Cleanup Zone) of the former School Health Act (amended by Act No. 13946; Act No. 13946; hereinafter referred to as “former Act”). Selection of fines, respectively.

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act (the above two.