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(영문) 서울중앙지방법원 2017.06.15 2016고정3250
학교보건법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No one shall conduct business in a school environment sanitation and cleanup zone where a physical contact is made, exposure to parts of a sex-related body, or act of sexual intercourse or similarity is likely to be made.

Nevertheless, from May 3, 2016 to August 16, 2016, the Defendant provided four water surface rooms and five shower rooms, which are partitioned by partitions from Gangnam-gu Seoul Metropolitan Government E and the first floor, within the Cleanup Zone for the school environment of D elementary schools, and provided male customers with entrance fees of KRW 7,000 per week, night 13,00 per week, and provided male customers with physical contacts, exposed to the body parts related to sex, or likely to cause sexual conduct or similarity.

Summary of Evidence

1. Partial statement of the defendant (the date of public trial Nos. 3, 4, and 5);

1. Partial statement of witness G;

1. Materials showing reasons for his/her absence;

1. Reports on each investigation by the police and the prosecution, reports on internal investigation and control records;

1. On-site photographs, on-site evidence photographs, environmental sanitation and cleanup zones of schools, copies of business registration certificates, instructions for civil petition treatment, and civil petition documents at the time of supervision;

1. Application of a copy of each statute of summary order;

1. Article 19(2) and Article 6(1)19 of the former School Health Act (Amended by Act No. 13946, Feb. 3, 2016); Article 2 subparag. 5(a)8 of the Juvenile Protection Act; selection of fines for criminal facts;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the following: (a) the Defendant, without being aware of the fact that he had been already punished several times in the same and similar crimes, committed a second offense at the same place; and (b) the legislative purport of the School Health Act, which establishes a school environmental cleanup zone to protect the health and study environment of the school, and prohibits certain acts or facilities therein, are shown in the pleadings of the instant case.

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