Cases
204Seoul 863(a) Violation of the Installation and Utilization of Sports Facilities Act
(b) Violations of the Juvenile Protection Act;
Defendant
Kim*
Residence
Permanent domicile
Prosecutor
Kim*
Imposition of Judgment
February 4, 2005
Text
1. Defendant shall be punished by a fine of KRW 3,000,000;
2. If the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.
3. An order to pay an amount equivalent to the above fine provisionally;
Reasons
Punishment of the crime
Defendant
1. A dance institute business without reporting:
From June 2003 to February 4, 2004, in Kimpo-si* a dance institute, which is a sports facility, is established in the name of the dance institute belonging to the Korea Sports Association of an incorporated association, and found at the same time, and operates a dance institute business for an unspecified number of unspecified people, including one person, three months, one hundred thousand won for the general public, one hundred thousand won for students, five hundred thousand won for students, and one other for dancing such as Walz, tank, Viennaz, etc.;
2. Openly distributing advertising places to recruit students (including elementary, middle, and high school students) of the above dance institute. The above advertising places have been reported to the above advertising places, Kim* and three others, thereby allowing juveniles to enter a business establishment harmful to juveniles.
Summary of Evidence
1. Statements that conform to part of the facts stated in this Court by the defendant;
1. Statements consistent with the facts set forth in the preceding* in this Court of Justice;
1. Statement consistent with the facts contained in the judgment in the statement* before the preparation of the assistant judicial police officer;
1. Statement consistent with the facts of the judgment, among the school environmental sanitation and cleanup zones of the Gyeonggi-do Office of Education established in the investigation records, and notification of the results of deliberation on prohibited acts and facilities in the school environmental sanitation and cleanup zone (section 14);
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Point 1. in its holding: Article 42(2)1 and the first sentence of Article 22(2)1 of the Installation and Utilization of Sports Facilities Act (Selection of Fines);
(b) Point in the former part of the judgment: Article 51 subparagraph 6 of the Juvenile Protection Act and Article 20 (1) of the same Act.
(c) In the latter part of Article 2: Article 51 subparagraph 7 of the Juvenile Protection Act and Article 24 (2) of the same Act.
1. Aggravation of concurrent crimes;
Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act (the punishment and punishment shall be the largest; 2. Aggravation of concurrent crimes with punishment prescribed in the crime of violation of the Juvenile Protection Act stated in the latter part of the same Article)
1. Invitation of a workhouse;
Articles 70 and 69(2) of the Criminal Act
1. Order of provisional payment;
Article 334(1) of the Criminal Procedure Act
Judges
Judges Kim Dong-ok