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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 adult product store on the second floor of the building in Yongsan-gu Seoul Metropolitan Government with the trade name "D".
No person shall engage in any activity or install in school environmental sanitation and cleanup zones, the straight line of which is 200 square meters from the boundary of a school, which are prohibited from access by or employing juveniles.
Nevertheless, from March 1, 2014 to March 17:35, 2014, the Defendant operated a business prohibited from allowing access to and employment of juveniles by displaying adult products, such as the self-defluor of the material of pins and bridge, on the display stand for the purpose of selling to many unspecified customers who visited the site at the 151 distances from nearby E Elementary Schools, F Middle Schools, and G High Schools, located from G High Schools, and from G High School, to 151.
Summary of Evidence
1. Defendant's legal statement;
1. Application of investigation reports (related to a photograph of a school sanitary cleanup zone) and application of Acts and subordinate statutes to investigation reports (related to field photographs);
1. Relevant provisions of the Act and Articles 19 (2) and 6 (1) 19 of the School Health Act (general provisions and choice of fines) concerning facts constituting an offense;
1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).
1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment have been operated from November 2004 by the defendant, and in the process, the defendant has been issued a summary order of KRW 2,00,000 as a crime of violating the School Health Act, but continuously operated the above adult commodity store at the same place.
However, the continued crime seems to be due to the failure to organize the business place, and as it appears not to be due to the defendant's anti-social attitude, the circumstances are not considered.
The punishment shall be determined by taking into account the location of the adult product store of this case, the accessibility of students in neighboring schools, the criminal records and occupations of the defendant.
It is so decided as per Disposition for the above reasons.