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(영문) 인천지방법원 2014.11.14 2014고정3250
체육시설의설치ㆍ이용에관한법률위반등
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 “C party hall” in the Southern-gu Incheon Metropolitan City 4th floor.

No person shall do any act or facility which is detrimental to public morals or has an influence on juveniles, and any person who intends to operate a sports facility business shall report to the head of the competent office.

Nevertheless, the defendant did not report to the competent authority, and from June 19, 2014 to February 24, 2014, the defendant installed 9 party units in the above-gu area of about 70 square meters in school environmental sanitation and cleanup zones, and operated the business.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of any case under the School Health Act;

1. Application of statutes on site photographs;

1. Relevant Article 38 (2) 1 and Article 20 of the Installation and Utilization of Sports Facilities Act concerning facts constituting an offense, Article 19 (2) and Article 6 (1) 14 of the School Health Act (the occupation of the billiard business in the school environmental sanitation and cleanup zone), and the selection of each fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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