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(영문) 인천지방법원 2017.03.16 2016고단9156
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

No one shall conduct business in a school environment sanitation and cleanup zone providing services that are likely to engage in physical contacts between unspecified persons, exposure to a sealed part, etc., or to engage in any other similar conduct.

Nevertheless, from May 31, 2016 to August 30, 2016, the Defendant operated a “kisk room” under the name of “C” on the third and third floor of Incheon Gyeyang-gu, which is a school environment cleanup zone, by receiving KRW 65,00 per hour from unspecified customers, and allowing them to exchange female employees’ chests, bucks, etc. while making them kis with female employees.

Accordingly, the defendant was engaged in the business of providing services that could cause sexual behavior or similar behavior in school environment cleanup zone.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of relevant photographs and investigative reports (the date and time of this case) Acts and subordinate statutes;

1. Selection of imprisonment with prison labor, taking into account the following unfavorable circumstances, under Article 2 of the pertinent Act as to criminal facts, Article 19 of the former School Health Act (Amended by Act No. 13946, Feb. 3, 2016); Articles 19(2) and 6(1)19 of the former School Health Act (amended by Act No. 13946, Feb. 3, 2016); and

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommending punishment] An offense for which sentencing guidelines are not set [the decision of sentencing] below the sentencing factors, and circumstances that are favorable to a suspended sentence of one year for six months: The serious reflectivity, the closure of the relevant business after the discovery by the defendant, and other unfavorable circumstances: The accumulated records of fines for the same kind of crime have been accumulated, the period of operation, etc.;

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