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(영문) 인천지방법원 2017.11.16 2017고정2430
교육환경보호에관한법률위반
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 "C" in Incheon Gyeyang-gu B, 401.

No person shall conduct business to provide services in an educational environment protection zone for the protection of the health, sanitation, safety, learning, and educational environment of students, in which physical contacts between unspecified persons, exposure to a sealed part, etc., or other similar acts are likely to occur, or which are likely to occur.

Nevertheless, from August 1, 2016, the defendant had four rooms at the business establishment located at a distance of approximately 173 meters in D kindergarten, and operated a mali business in which it is likely to be exposed to pets, composts, physical contact, or body parts, or to be exposed to sexual intercourse or similarity.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection (prohibited acts, etc. in educational environment protection zones) and the application of Acts and subordinate statutes to investigation reports (educational environment protection zones);

1. Article 16(1) and Article 19 subparag. 13 of the Act on the Protection of the Educational Environment Eligible for the elective Punishment for Criminal Facts, and Selection of a fine;

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;

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