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The defendant shall be innocent.
Reasons
1. The Defendant is a person who is operating a marina business on the first floor of Seongdong-gu Seoul Metropolitan Government underground.
In school environmental sanitation and cleanup zones, no act or facility falling under marina places which are business establishments determined by the Minister of Gender Equality and Family pursuant to subparagraph 5 of Article 2 of the Juvenile Protection Act shall be performed.
Nevertheless, from July 10, 2010 to April 17:30, 2013, the Defendant installed 4 studio rooms and one waiting room in the school environmental sanitation and cleanup zone, and operated a marina business with an average of approximately KRW 100,000 per day for many unspecified customers.
2. Determination
A. According to Articles 19 and 6(1)19 of the School Health Act and Article 2 subparag. 5(a)8 of the Juvenile Protection Act, a person who provides services that are likely to engage in physical contacts, exposure to smuggling parts, etc. or other similar activities among unspecified persons, and conducts a business determined by the Juvenile Protection Committee and publicly notified by the Minister of Gender Equality and Family, is punished in the school environmental sanitation and cleanup zone, and the relevant public notice by the Minister of Gender Equality and Family is as shown in the attached Form. (b) The public notice of the Ministry of Gender Equality and Family sets the form of the facility as “a facility partitioned or similar in a sealed or sealed space or partitions, etc.” In the attached Form, it is examined as to whether the Defendant’s marina business establishment constitutes it. According to on-site control photographs, the Defendant’s business establishment is divided into a corridor and room (this room is divided into studs, and the upper part is partitioned into a wall, and the upper part of the facility is not partitioned into a large part, and it can be easily viewed as a structure.
If this degree of structure is applied, it is difficult to see that the business of the defendant's business falls under the type of the above public notice, and evidence to recognize it otherwise.