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(영문) 서울북부지방법원 2016.09.22 2016고정620
학교보건법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall perform any act prohibited in a school environment sanitation and cleanup zone, or install any facility.

Nevertheless, from November 15, 2014 to December 29, 2015, the Defendant sold adult products, such as male self-help organizations, female self-help organizations, and mixed sea, at a business establishment with the trade name of "D adult products" located in the Seoul Jung-gu Seoul Metropolitan Government and the second floor, located in the Cleanup Zone for Environmental Sanitation.

Summary of Evidence

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

1. Voluntary accompanying report;

1. Control site photographs [the signboards "D adult products" are still installed at the outside and entrance of the building, and indoor display halls are displayed as they are, and their business is closed;

In light of the fact that there is no proof to see that there is no proof, the Defendant carried out the sale of adult goods until December 29, 2015.

On the other hand, the witness E and F statements to the effect that they were frequently engaged in education and meetings for shopping mall business at the defendant's store. While the defendant was stated to the effect that he did not have been engaged in the business, the possibility that the defendant could suspend the business only when he/she was in his/her store cannot be ruled out, and the above recognition is insufficient to reverse the above recognition only by the above witness's statements.

1. Relevant Article 19 (2) and Article 6 (1) of the School Health Act concerning facts constituting an offense, and Articles 19 (2) and 6 (1) of the same Act concerning the selection of a fine;

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

1. The defense counsel’s assertion of the defense counsel under Article 334(1) of the Criminal Procedure Act on the provisional payment order asserts that the judgment of acquittal should be pronounced on the above period since the charges are the same as the summary order already punished during the period of charge from November 2014 to June 2015.

According to the records, the defendant committed the crime of "from July 3, 2014 to September 1, 2014, the defendant operated an adult product store in the same place as the same from July 14, 2014."

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