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(영문) 서울북부지방법원 2018.03.28 2016고단5897
학교보건법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall operate a place of business harmful to juveniles in a school environment sanitation and cleanup zone.

Nevertheless, from October 15, 2015 to August 23:00, 2016, the Defendant was equipped with seven smuggling and one toilet installed in the telecom with the trade name of “C” on the first floor of the Seoul Dobong-gu Seoul Metropolitan Government Ground B, which is located in the school environment cleanup zone, and operated a telecom with a view to having a physical contact with and a secret part among unspecified persons, or having concerns over having a similar act.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Scenic photographs;

1. Application of Acts and subordinate statutes concerning distances of school Cleanup Zone;

1. Relevant legal provisions and Articles 19(2) and 6(1)19 of the former School Health Act (amended by Act No. 13946, Feb. 3, 2016) concerning facts constituting an offense

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment shall be determined as ordered in consideration of the details and period of the instant crime, the first offender who has no record of the crime, etc.

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