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(영문) 부산지방법원 2019.08.14 2019고정681
교육환경보호에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who operates the Busan East-gu B and the second floor Csports Emb.

No person shall divide or install similar facilities into a smuggling or closed space or partitions within an educational environment protection zone in order to protect the health and sanitation, safety, learning, and educational environment of schools.

Nevertheless, at around 17:00 on February 18, 2019, the Defendant separately created a room partitioned with walls at the above place, which is an educational environment protection zone at a distance of about 186.21 meters from D kindergarten, and created a partitioned room and shower facilities. Each room was equipped with strings, bedclothess, and bedclothess, which cannot be inside, and operated a business of operating strawing four strings, which are fasted with a string soft so that they can maths against unspecified customers.

2. Determination

A. The type of facility and the type of equipment in the instant place of business fall under the type of facility and the type of equipment prescribed by the Ministry of Gender Equality and Family Notice No. 2011-30.

B. However, there is no evidence to acknowledge that the instant place of business was “business that is likely to be exposed to physical contact or parts of sex-related body, or to be exposed to sexual conduct or similarity.”

(Simple marina business cannot be seen as a type of business stipulated in the above notice). In addition, each room of the instant place of business does not have even a door, and a half of the entrance of the instant place of business is installed, and there is only a luxur insuash joints, and considering these structure, it is deemed that there is no concern that the above type of business will be conducted.

C. Thus, it cannot be recognized that the defendant committed an act prohibited under Article 9 of the Educational Environment Protection Act.

3. According to the conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, the defendant is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the defendant

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