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(영문) 서울중앙지방법원 2015.06.25 2015고정1473
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

The Defendant is a person who operates a marina business in the name of “C” on the first floor in Seoul Special Metropolitan City, Gwanak-gu.

Even if a business establishment harmful to juveniles is not operated in the school environmental sanitation and cleanup zone, the defendant operated a business establishment harmful to juveniles, which is likely to cause sexual acts or similarity, by installing 5 a service room and 2 a shower room in the upper place of approximately 30 square meters located from the end of September 2014 to February 23:30, 2015, where approximately 32 meters away from the 'D elementary school' book, and around 30 square meters away from the 'D elementary school' book.

Summary of Evidence

1. Reporting on detection (Violation of the School Health Act);

1. Application of statutes on site photographs;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The main point of the defense counsel's assertion is that a marina business operated by the defendant does not constitute a business establishment harmful to juveniles that is likely to commit sexual acts or similarity;

2. According to Articles 19(2) and 6(1)19 of the School Health Act, and Article 2 subparag. 5(a)8 of the Juvenile Protection Act, a business that provides services that are likely to engage in physical contacts between unspecified persons or other sexual acts, such as exposure to confidential parts, or similar acts, in school environmental sanitation and cleanup zones, shall be subject to criminal punishment. The Juvenile Protection Committee decided to prohibit juvenile access based on the type of facilities, type of facilities, and type of business as delegated by the Juvenile Protection Act and the Enforcement Decree of the Juvenile Protection Act, based on the type of facilities, type of facilities, and type of business, and the Minister of Gender Equality and Family’s notification of the Ministry of Gender Equality and Family on July 6, 2011 (hereinafter “instant notification”).

(1) The notice was given, and this case.

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