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(영문) 부산지방법원 2014.05.15 2013고정6565
학교보건법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is running a business with the trade name "D" on the second floor of Busan Seo-gu C ground.

No one shall conduct business in a school environmental sanitation and cleanup zone where the act of sex or of similarity is likely to be done by dividing it by a smuggling, closed space or partitions, etc. or by installing similar facilities.

Nevertheless, from September 3, 2013 to September 24, 2013, the Defendant made 63m from E kindergarten and 162m away from F University to F School Environmental Sanitation and Cleanup Zone, which is located in the school environmental sanitation and cleanup zone, five smuggling partitioned with partitions, and operated a business which is likely to cause similarity to unspecified customers.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Notice of detection of business places in violation of Acts and subordinate statutes, and notice of the current status of illegal business places in school environmental sanitation and cleanup zones;

1. Application of statutes on site photographs;

1. Article 19 of the School Health Act (amended by Act No. 12131, Dec. 30, 2013); Article 6(1)19 of the same Act; the selection of fines for criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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