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(영문) 부산지방법원 2017.06.14 2017고단1430
교육환경보호에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

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

No one shall conduct business which is likely to cause sexual acts or similarity by dividing it by smuggling, sealed space or partitions or installing similar facilities in an educational environment protection zone for the purpose of public health, sanitation, safety, learning, and the protection of educational environment of schools.

Nevertheless, on March 9, 2017, the Defendant, at F Kindergartens, made five smuggling partitioned by partitions at the above businesses located in the school environment cleanup zone located in approximately 65 meters away from the F Kindergartens, and operated a business which is likely to cause similarity to unspecified customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to internal investigation reports and field control photographs;

1. Article 16(1) and Article 19 subparag. 13 of the Act on the Protection of the Preliminary Educational Environment for Criminal Facts and the Selection of Imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)

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