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(영문) 서울북부지방법원 2017.02.02 2016고단5108
학교보건법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although anyone is prohibited from running a singing practice room business within a school sanitary cleanup zone, the defendant operated a singing practice room with the trade name "C" from May 15, 2013 to September 22, 2016, the first floor of Nowon-gu, Seoul Special Metropolitan City, which is a school environmental sanitation cleanup zone.

Summary of Evidence

1. Statement by the defendant in court;

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

1. On-site photographs;

1. Application of the street Acts and subordinate statutes between schools and business places;

1. Article 19(2) of the relevant Act as to facts constituting an offense and Article 19(2) of the School Health Act, which was amended and repealed by Act No. 13946, Feb. 3, 2016, but the previous provisions shall apply to the instant crime before one year passes from February 3, 2016, in accordance with the Addenda.

Article 19(2) and Article 6(1)19, Selection of Imprisonment

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: A fine not exceeding twenty million won;

2. Scope of recommended sentences on the sentencing criteria: Offenses for which the sentencing criteria are not set.

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

The favorable circumstances: The defendant divided his/her own crime and reflected against him/her, and the defendant closed his/her singing practice room on November 23, 2016: The period of running the singing practice room in the school cleanup zone exceeds three years; on February 15, 2013, the defendant was sentenced to a suspended sentence of one year for the violation of the School Health Act at the Seoul Northern District Court on February 15, 2013 and was sentenced to four times the criminal punishment for the same crime.

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