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(영문) 서울동부지방법원 2015.08.20 2015노597
학교보건법위반
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal (e.g., indubly unfair) that the Defendant has become economically difficult, that is, the disabled of class 5 with physical disability is not good in health conditions, and that the Defendant was entering a school after opening a singing practice room, it is unfair that the Defendant’s fine of KRW 700,000,000 imposed by the lower court is too unreasonable.

2. Even if the defendant's judgment on the grounds of appeal is considering the circumstances, it is necessary to establish a school environmental sanitation and cleanup zone to protect school health, sanitation and learning environment, and to punish the same act as the crime of this case in order to achieve the legislative purpose of the School Health Act prohibiting certain acts or facilities, such as singing practice room business, at least, in order to achieve the legislative purpose of the School Health Act, including the act of this case, such as the crime of this case, even though the competent authority notified the defendant of the transfer or closure of the practice room of this case, the period during which the defendant continued to run the practice room of this case, and the defendant who requested formal trial upon receiving a summary order of a fine of KRW 1 million has already been reduced to KRW 700,000,000,000,0000, as well as other conditions of sentencing under Article 51 of the Criminal Act including the defendant's age, character and behavior, environment

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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