A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

No person shall conduct any act or install facilities prescribed by the Act in an educational environment protection zone to protect the health, sanitation, safety, learning, and educational environment of students.

Nevertheless, from October 15, 2016 to March 2, 2017, the Defendant, located within 185 meters from C elementary schools and from around October 15, 2017, operated a business which sells and lends sex instruments, etc., which are media harmful to juveniles, in the name of “E” from D2 in Jung-gu Seoul Metropolitan Government, a school sanitary cleanup zone.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of statutes, such as site photographs;

1. Relevant legal provisions concerning criminal facts, Articles 16 (1) and 9 of the Act on the Protection of the Educational Environment Eligible for the elective Punishment, and the choice of imprisonment;

1. An unfavorable circumstance for sentencing under Article 62(1) of the Criminal Act: The Defendant committed the instant crime without any fluoring force, despite having been sentenced to a fine on several occasions over the same kind of crime.

The favorable circumstances: The defendant reflects on the time of committing the crime of this case.

The defendant is not likely to repeat a crime by closing his/her business.

The defendant is now old.

The punishment as ordered shall be determined by comprehensively taking into account such circumstances as the character and conduct, motive of the crime, and circumstances after the crime.