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(영문) 서울중앙지방법원 2016.06.02 2015노4855
학교보건법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The Defendants were merely preparing for the business in the instant business establishment, and did not actually conduct the business.

(2) The instant business place operated by the Defendants is not a juvenile harmful business place prohibited from running within the school environment sanitation and cleanup zone.

B. The punishment sentenced by the lower court against the Defendants (a fine of one million won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion that the Defendants did not conduct business, and in particular H’s testimony and recording files at the lower court, it is sufficiently recognized that the Defendants engaged in business at the instant business establishment.

Therefore, we cannot accept this part of the Defendants’ assertion.

(2) A person who commits an act or installs a facility prohibited in a school environment sanitation and cleanup zone in violation of Article 6(1) of the School Health Act, as to the assertion that he/she is not a juvenile harmful business establishment, shall be punished by imprisonment for not more than two years or by a fine not exceeding twenty million won.

(1) No one shall conduct any of the following acts and facilities in a school environment sanitation and cleanup zone:

(Ma) Article 2(Definition) of the Juvenile Protection Act for Business Establishments falling under the business notified by the head of a female family pursuant to Article 2(5)(a)(8) or (9) and (b)(7) of the Juvenile Protection Act;

5. The term "business establishments harmful to juveniles" means business establishments referred to in the following item (a) (hereinafter referred to as "business establishments banned from allowing access by and employing juveniles") which are identified as harmful to juveniles and establishments banned from employing juveniles but whose employment is identified as harmful to juveniles (hereinafter referred to as "business establishments banned from employing juveniles"):

In such cases, the classification of business places shall be made.

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