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(영문) 서울북부지방법원 2018.09.14 2018고정1121
교육환경보호에관한법률위반
Text

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

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

Reasons

Punishment of the crime

No one shall conduct any act or establish any facility falling under a business prohibited from access by or employment of juveniles, which is determined by the Juvenile Protection Committee, and publicly announced by the head of a female family, in an educational environment protection zone, where physical contacts between unspecified persons, exposure to a sealed part, or other similar acts are conducted or that is likely to be conducted, in order to protect the health, sanitation, safety, learning, and educational environment of students.

Nevertheless, the Defendant: (a) around November 2017, to March 22, 2018, had six smuggling, shower rooms, one employees waiting room, and one other with the trade name “C” located in Seongbuk-gu Seoul, Seoul, located in an educational environment protection zone; and (b) operated a youth resting room, which is a juvenile access-related business establishment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each statement of D, E, F, and G;

1. GIS (Guidance) in educational environment protection zones;

1. Application of Acts and subordinate statutes on field photographs of business places;

1. Article 16(1) and Article 9 subparag. 13 of the Act on the Protection of Educational Environment Related to Criminal Facts, Article 2 subparag. 5(a)8 of the Juvenile Protection Act, and the selection of fines;

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

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

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