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(영문) 인천지방법원 2017.11.03 2017고정1881

교육환경보호에관한법률위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who operates a marina business with the trade name of "C".

No one shall enter an educational environment protection zone (in an absolute protection zone up to 50 meters in a straight line from the entrance of a school, and a relative protection zone up to 200 meters in a straight line from the boundary of a school) to protect public health, sanitation, safety, learning, and educational environment of a school, access to juveniles and facilities and conduct activities prohibited from employing juveniles, which are business publicly notified by the head of a female family pursuant to Article 2 subparagraph 5 (a) (viii)

Nevertheless, from March 9, 2017 to April 15:00 on the trade name of "C" from March 2, 2017 to April 24, 2017, the Defendant: (a) divided the space between the boundary lines of E and F middle school into the opposite area in the educational environment protection zone at a distance of 182M; and (b) has a structure in which the inside cannot be seen easily; (c) separately operated the show room in which the sprink and shower, etc. are installed; (d) had the sprink and sprink provided to the customers at the place of business; and (e) had the sprink provided to the customers at the place of business; and (e) had them wear the sprink and sprink provided to the customers at the place of business; and (e) the physical contact between and unspecified persons, such as the sprinking by taking advantage of the spice, etc., with the competent manager, etc., with the sexual contact or other similar sexual contact.

2. Determination

A. The contents of the relevant statutes are as follows:

[Act on Educational Environment Protection] Article 9 (Prohibitions, etc. in Educational Environment Protection Zones) shall not conduct any of the following acts and facilities in educational environment protection zones in order to protect the health, sanitation, safety, learning and educational environment of students:

Provided, That in cases of a relative protection zone, the activities and facilities prescribed in subparagraphs 14 through 29 shall be included.