Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

No one shall operate any facilities for singing practice place business in a school environment sanitation and cleanup zone.

Nevertheless, on November 23, 2016, the Defendant continued to engage in business activities even though it is a transitional measure on the existing facilities, etc. referred to in Article 3 of the Addenda (Act No. 8391, April 27, 2007) of the School Health Act, which was located on the first floor of Songpa-gu Seoul, Songpa-gu, Seoul, as a school environment sanitation cleanup zone located at a distance of 53 meters around the middle and high school among E, and has to be transferred or closed until February 28, 2014.

Accordingly, the defendant operated a music practice room business in the school environment sanitation cleanup zone.

Summary of Evidence

1. Statement by the defendant in court;

1. Written accusation, business operator registration certificate, etc.;

1. Application of Acts and subordinate statutes to investigation reports ( obtaining supplementary regulations and summary order related to school health law);

1. Relevant Article 19 (2) and Article 6 (1) of the School Health Act concerning facts constituting an offense, and Articles 19 (2) and 6 (1) of the same Act concerning the selection of a fine;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the fact that the defendant had a record of criminal punishment for the same kind of crime, and the period of continuous operation even after the notification of closure by the competent authority, is not shorter than the period of continuous operation after the opening of the singing practice center. Considering the circumstances in which the defendant, after opening of the singing practice center, the defendant established a school environment sanitation cleanup zone to protect the health and learning environment of the school and subsequently achieve the legislative purpose of the school health law that prohibits certain acts or facilities such as singing practice place business, etc. at the same time, it is necessary to punish the same act as the crime of this case in order to achieve the legislative purpose of the above Act, including the defendant's age, sexual behavior, environment, and criminal records.