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(영문) 서울남부지방법원 2016.02.17 2015고정2475

학교보건법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in service business between Yeongdeungpo-gu Seoul Metropolitan Government and the second floor "C".

No one shall provide any service that leads to a physical contact between unspecified persons, exposure to a sealed part, etc., or that is likely to commit any act similar thereto, in a school environment sanitation and cleanup zone, with facilities, such as be equipped in a smuggling or partitions.

Nevertheless, on August 26, 2015, the Defendant had six smugglings in the above place located in the school environment cleanup zone (D kindergarten 158 meters, E kindergarten 172 meters or less) around 21:30 on August 26, 2015, and operated a marina business with a simple bed room in the smuggling.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on GPS photographs and cellular photographs;

1. Article 19 (2) and Article 6 (1) of the relevant Act concerning facts constituting a crime and Articles 19 (2) and 6 (1) of the Health Act concerning the selective punishment of a school;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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