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(영문) 서울북부지방법원 2016.01.15 2015고정935
학교보건법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person engaged in marina business in the name of “D” on the second floor of Seongbuk-gu Seoul Metropolitan Government C building.

From November 1, 2014 to December 15, 2014, the Defendant provided 60,000 won per person to the unspecified number of customers who have installed studio 6 in the 45 square meters and found 20,000 square meters of 45 square meters and received 60,000 won per person and provided massage services to them, and thereby, operated prohibited acts and facilities in the School Environment Cleanup and Cleanup Zone.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. E statements;

1. The Seoul Central District Court 2013 and 5783 decided on the ground that the indictment of this case constitutes abuse of the right to institute a public prosecution, on the ground that “No evidence to prove the facts charged exists,” is acknowledged, but the indictment of this case against the Defendant cannot be deemed as abuse of the right to institute a public prosecution solely on the foregoing grounds.

In addition, it is unclear whether the entrance for the exclusive use of the telecom, operated by the defendant, is located in the school environment sanitation and cleanup zone, but according to the evidence of the court below, considerable parts of the area for exclusive use of the telecom, are located in the school environment sanitation and cleanup zone.

【Recognition】

Application of Statutes

1. Article 19 (2) of the relevant Act and Articles 19 (1) 19 and 6 (1) 19 of the School Health Act, selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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