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(영문) 인천지방법원 2017.03.15 2017고단31
학교보건법위반
Text

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

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

Reasons

Punishment of the crime

No one shall commit any act or install in any school environment sanitation and cleanup zone, which is detrimental to public morals or has an influence on juveniles.

Nevertheless, from August 9, 2016 to August 16:00, 2016, the Defendant installed 9 party units, etc. within approximately 70 square meters in the area of E-gu in Incheon Metropolitan Dong-gu operated by the Defendant located within the Incheon Southern-gu Cleanup Zone, which is located within the school environment sanitation and cleanup zone.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing field detection photographs;

1. Relevant legal provisions and Articles 19(2) and 6(1)14 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 guidelines shall not apply in the event that the reasons for sentencing under Article 334(1) of the Criminal Procedure Act (the scope of the recommended punishment in the sentencing guidelines) are selected as a fine;

[Determination of sentence] In full view of the sentencing conditions shown in the trial process of this case, such as the Defendant’s age, sexual conduct, family relation, family environment, motive and means of crime, and circumstances after crime, the sentence shall be determined as ordered.

Unfavorable circumstances: The defendant has been punished for the same kind of crime over several times, but he again committed the crime of this case.

The favorable circumstances: The defendant confessions himself as to the crime of this case, and reflects his mistake.

The Defendant did not have any record of having been sentenced to imprisonment without prison labor or heavier punishment, and reported the closure of the party hall on September 8, 2016, which was after the instant crime.

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