Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

A. Legal principles

The defendant, as the director of the Korea Dance Sports Association (name omitted), has a dance sport for its members pursuant to the articles of incorporation within the scope of the purpose of the establishment of the Korea Dance Sports Association as an incorporated association. Since the above incorporated association to which the defendant belongs is registered with the competent authority, it is a non-profit corporation, the defendant does not need to report to the competent authority separately. Thus, the judgment of the court below convicting the defendant, which

B. Unreasonable sentencing

The punishment of the lower court (fine 3,000,000) is too unreasonable.

2. Determination

A. Ex officio determination

Before examining the grounds for appeal by the defendant, the health unit, the prosecutor, and the prosecutor apply for changes in the indictment as stated in the following facts, and this court has permitted these changes, and the judgment of the court below, which is based on the initial indictment, cannot be maintained any more.

B. Judgment on misapprehension of legal principles

However, despite the partial revision of the facts charged as above, the defendant's assertion of misapprehension of the legal principles is common about the changed facts, so it is judged as follows.

Article 6 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter referred to as the “Establishment and Operation of Private Teaching Institutes”) provides that any person who intends to establish and operate a private teaching institute shall be registered with the superintendent of education under the conditions as prescribed by the Presidential Decree. Article 2 Subparag. 1 provides that “private teaching institute” means a facility which provides a private person with knowledge and techniques (including skills) for not less than 30 days pursuant to the curriculum (including a case where the number of teaching days becomes not less than 30 days repeatedly due to the curriculum) or arts as a place of learning for not less than 30 days and which provides such a facility as a school, library, museum, place of business, etc. under the Education Act and other Acts and subordinate statutes; a lifelong educational facility authorized, registered, or reported under the Lifelong Education Act; a facility established under other Acts and subordinate statutes concerning lifelong education under the Vocational Training Promotion Act and a facility which does not fall under a private teaching institute for not less than 9 days and, even if it does not fall under the number of teaching days, it means not less than 9 days.

According to the records of this case, the defendant was equipped with facilities capable of teaching about about 20 persons on the second floor of the building located in the 381-4 north-to-west 381-4 from June 2003 to February 4, 2004, and established and operated a dance institute under the trade name of "(title omitted) dance dance club belonging to the Association," and it can be recognized that it was not registered with the superintendent of the competent office of education. According to the above facts, the above dance institute constitutes a private teaching institute under Article 2 subparagraph 1 of the Private Institutes Act and Article 2 (2) of the Enforcement Decree of the same Act. Although the above private teaching institute was registered with the competent office of education, the defendant was registered with the superintendent of the competent office of education, but the defendant did not register with the superintendent of the competent office of education, so the defendant's crime is deemed to constitute a violation of the Private Institutes Act established by the Private Institutes Act (see Supreme Court Decision 2006Da17406, May 24, 2001).

3. Conclusion

Therefore, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act, and it is again decided after pleading.

1. Statement by the Nonindicted Witness in the original trial court

1. Statement of the Nonindicted Party in the preparation of a judicial police assistant

1. Entry that conform to the facts of the judgment in the "Notification of Results of Deliberation on School Environmental Sanitation and Cleanup Zone and Prohibited Acts and Facilities within the School Environmental Sanitation and Cleanup Zone" (section 14) in the preparation of the office of education office of education (do and

Article 22(1)2 and Article 6 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons; Selection of Fines

2. Invitation of a workhouse;

Articles 70 and 69(2) of the Criminal Act

3. Order of provisional payment; and

Article 334(1) of the Criminal Procedure Act

Judges Kim Su-cheon (Presiding Judge)