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(영문) 서울북부지방법원 2017.03.10 2017고단3
학교보건법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a marina business in the name of “C” in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul.

No one shall conduct business of providing services, such as physical contact between unspecified persons, exposure to a sealed part, etc., or any similar activity, by dividing off a smuggling, closed space, or partitions in a school environment sanitation and cleanup zone, or installing facilities similar thereto (a shower facilities, bedroom facilities, etc.).

Nevertheless, from July 4, 2016 to September 7, 2016, the Defendant installed 55 meters from D elementary schools in the foregoing business establishment located in the school environment sanitation cleanup zone, and provided 40,000-90-900 won to the customers who found the place with a shower facility and a simplified beds, etc., and provided them with a marina or similar act.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Application of statutes on business registration certificates;

1. Articles 19(2) and 6(1) of the former School Health Act (amended by Act No. 13946, Feb. 3, 2016); the selection of fines for criminal facts

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment shall be taken into account, and the contents, period, etc. of the instant crime, but the punishment shall be determined as ordered in consideration of the favorable circumstances, such as the fact that the Defendant is recognized as the primary offender and is against the law.

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