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(영문) 부산지방법원 동부지원 2020.01.15 2019고정392
교육환경보호에관한법률위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant is a person who operates the “C” on the second floor of Busan Shipping Daegu building.

No one shall engage in the business of distributing the sexual instruments, such as a media product harmful to juveniles, in an educational environment protection zone in order to protect the health, sanitation, safety, learning, and educational environment of students.

Nevertheless, from March 25, 2019 to April 23:00, 2019, the Defendant was engaged in the business of displaying and distributing sex instruments, such as male and female self-defense schemes, in an educational environment protection zone located within approximately 118.51m away from the boundary of the E-school located in Busan Metropolitan City Shipping Daegu, in a straight line from the boundary of the E-school located in Busan Metropolitan City.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Some statements in the police statement concerning F;

1. Written statement of employee G;

1. Public notification to the Ministry of Gender Equality and Family;

1. Report on detection of a violator of laws and regulations (A-C);

1. A map of educational environment protection zone;

1. The screen of the CH and Bloro publicity materials, viewing, and the shopping preserving tape-cap;

1. Application of the Acts and subordinate statutes governing the placement of post-batter goods / On-site photographs;

1. Article 16 (1) and Article 9 subparagraph 13 (Selection of Fines) of the Act on the Protection of Relevant Acts concerning criminal facts and the Selective Educational Environment for the Selection of Punishment;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The business facilities of “C”, which the alleged defendant operated, do not merely provide a business facility that sells, lends, or uses sexual appliances, which are harmful objects to juveniles, but merely receives admission fees and view them. It is not prohibited pursuant to Article 16(1) and Article 9(13 of the Educational Environment Protection Act, and the defendant does not recognize that the location of the business facilities of this case constitutes educational environment protection area under the Educational Environment Protection Act. Thus, the crime of this case is committed.

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