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

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

No person shall establish any business establishment that may sell, lend or use sexual instruments, which are materials related to sex, which might seriously harm the mental and physical health of juveniles, unless the use of such sexual instruments, such as the sexual instruments that encourage juveniles to commit obscene acts, in an educational environment protection zone, in order to protect the health, safety, learning, and educational environment of students.

Nevertheless, on March 1, 2018, at a distance of about 40 meters from D Kindergartens located in Gangnam-si B, the Defendant established a business place selling the sexual instruments, etc. with the trade name of “F” on the E and 2nd floor of Gangseo-si, which is a place corresponding to educational environment protection zone, and operated from around that time to July 8, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Business registration certificate;

1. Attachment of photographs of the scene of the investigation report, and attachment of photographs of D kindergarten;

1. Investigation report (related to the distance between suspect establishments and D kindergartens and Internet search), Category G guidance photographs;

1. Investigation report (verification of the scene of a kindergarten and attachment of related photographs), on-site photographs;

1. A report on investigation (Attachment of a letter of authorization) and a letter of authorization;

1. Application of Acts and subordinate statutes of investigation report (F-related data attachment), G guidance (the distance between D kindergartens and F);

1. Article 16 subparagraph 1 of the relevant Act and Articles 16 and 9 of the Act on the Protection of the Educational Environment Eligible for the Selection of Criminal Crimes, and Selection of fines;

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

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