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(영문) 부산지방법원 2017.08.09 2017고정202
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 operating a place of business selling health food with the trade name "D" from Busan Northern-gu C and the second floor.

Although no one is engaged in the business of handling and selling sex instruments in a school environment cleanup zone, the defendant, on September 22, 2016, installed a signboard at the entrance of the above D place of business located in the E elementary school environment sanitation cleanup zone of the E elementary school, and displayed and sold to the display stand the adult products, such as the self-employed implements for women.

Summary of Evidence

1. Partial statement of the defendant;

1. Police investigation reports (Search of persons under investigation and forwarding of cases);

1. Report on internal investigation by each police (including six photographs, and the distance of a place of business, with respect to the preparation of a record of crackdown and a person not prepared);

1. Application of Acts and subordinate statutes to police detection reports;

1. Article 19(2) and Article 6(1)19 of the former School Health Act (amended by Act No. 13946, Feb. 3, 2016; hereinafter “former School Health Act”) on criminal facts; the selection of fines, etc.

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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