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(영문) 수원지방법원 안양지원 2016.01.14 2015고정983
학교보건법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall engage in any business activity or facility in a singing practice room in a school environment and cleanup zone.

Nevertheless, from June 19, 2015 to August 22, 12, 2015, the Defendant operated a singing practice room (hereinafter “instant business”) against an unspecified number of customers, with the trade name “D” from militaryposi C and the third floor located in the Sinpo School Environment Cleanup Zone of the Sinpo School (hereinafter “D”).

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of E and F preparation;

1. Field photographs at the time of detection;

1. Application of Acts and subordinate statutes concerning information about school cleanup zones;

1. Relevant Article 19 (2) and Article 6 (1) 20 (Selection of Penalty) of the Health Act concerning facts constituting an offense;

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

1. Determination as to the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that the defendant did not operate a singing practice room at the instant establishment, but did the video production work.

2. According to the aforementioned evidence, the defendant was found to have operated a singing practice room in the instant business establishment in light of the following circumstances: (a) the defendant was equipped with a singing practice room facility, such as a singing practice room, and received a fee of KRW 20,000 per hour from customers; and (b) the trade name of "D", which allows customers to recognize as a singing practice place, was entered outside the building of the instant business establishment; and (c) the defendant was deemed to have operated a singing practice room in the instant business establishment; and (d) the defendant and the defense counsel are not allowed to accept the above assertion.

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