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The defendant shall be innocent.
Reasons
No person charged with a charge shall engage in any act or install any facility harmful to learning and school health and hygiene or detrimental to public morals in a school environment sanitation and cleanup zone.
Nevertheless, on April 15, 2015, from around September 14, 2015 to around 65 meters in straight line from D elementary schools located in Gwanak-gu in Seoul Special Metropolitan City, the Defendant operated a juvenile harmful business establishment that is likely to cause similarity, etc. by being equipped with a beds, shower rooms, etc. on the third floor of the building located in the same Gu E, a school environment sanitation cleanup zone, with the trade name of “F” from the third floor of the building located in the same Gu.
Judgment
Article 19 (2) of the School Health Act and Article 6 (1) 19 of the Act on the Promotion of Public Health was applied to the charged facts, and the prosecution of this case was instituted in accordance with the law applicable to the charged facts.
(1) No one shall conduct any of the following acts and facilities in a school environment sanitation and cleanup zone:
Provided, That acts and facilities deemed not to have any adverse effect on learning and school health and sanitation by the superintendent of an office of education or by a person delegated by the superintendent of an office of education among the acts and facilities prescribed in subparagraphs 2, 3, 6, 10, 12 through 18 and 20 shall be excluded in a zone prescribed by Presidential Decree:
19. A person who commits an act prohibited in a school environment sanitation and cleanup zone, in violation of Article 6 (1), of the Juvenile Protection Act, in a place of business falling under the business publicly notified by the head of a female family pursuant to subparagraph 5 (a) (viii) of Article 2 of the same Act.
[Juvenile Protection Act (Law No. 11673, Sept. 23, 2013) Article 2 (Definition) of the definitions of terms used in this Act are as follows.
5. The term "business establishments harmful to juveniles" means juveniles' access to and employment;