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(영문) 서울중앙지방법원 2017.09.13 2017고정923
학교보건법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a adult product store in the name of "D" in Jongno-gu Seoul Metropolitan Government and the second floor.

In a school environment sanitation and cleanup zone, no act falling under a business place which is a business place publicly notified by the head of female family pursuant to subparagraph 5 of Article 2 of the Juvenile Protection Act shall be performed and facilities therein.

Nevertheless, the Defendant was located at a distance of about 40 meters from E high school from May 19, 2016 to December 27, 2016, and operated the said store by displaying the red sea lives, enlarged lives, and pel banks, which are juvenile harmful articles, to sell panty, etc. to many customers in the above adult products store located in the school environment cleanup zone.

Summary of Evidence

1. Each legal statement of witness F and G;

1. A written accusation;

1. The application of Acts and subordinate statutes to a report on investigation (to attach field photographs of D adult products);

1. Relevant Article 19 (2) and Article 6 (1) 19 (Selection of Penalty) of the Health Act concerning facts constituting an offense, and Articles 19 (1) 19 of the same Act concerning the selective punishment;

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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