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(영문) 서울남부지방법원 2019.02.13 2018고단5898
교육환경보호에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a business "C" in Yangcheon-gu Seoul Metropolitan Government B and underground.

No one shall operate a school environmental sanitation and cleanup zone under the Act on the Protection of Educational Environment, which provides businesses in which juveniles are prohibited from having access to or employing, with physical contact, exposure to a smuggling part, etc., or other services which are likely to commit any act similar thereto, and which are designated by the Minister of Gender Equality and Family.

Nevertheless, from January 1, 2015 to April 21, 2018, the Defendant had 7 guest rooms in which a wooden gate is installed in the school environmental sanitation and cleanup zone located in the above place located within about 167 meters in a straight line from D elementary school (200 meters in a straight line from the wall of a kindergarten and a junior high school educational facility) and operated a business in a way that the Defendant is equipped with facilities such as two waiting rooms, shower rooms, and a camera and receives user fees of 60 to 510,000 for an unspecified number of customers who find the business.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the police statement of E;

1. Five external photographs of the business place, and twenty-five internal photographs of the business place;

1. Reporting on detection (violation of the Act on Educational Environment Protection);

1. Investigation report (Attachment of written judgments related to sexual traffic for suspects) - Application of the Seoul Southern District Court Decision No. 2016 High Court Decision No. 3387

1. Article 16(1) and Article 9 subparag. 13 (generality) of the Act on the Protection of Relevant Laws concerning Criminal Facts and the Educational Environment Selection of Punishment, and Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Act: the Defendant had been punished twice by committing an act of arranging sexual traffic at the same place as this case (one time of fine and one time of suspended execution).

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