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(영문) 울산지방법원 2017.11.24 2017고정905
교육환경보호에관한법률위반
Text

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

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

Reasons

Punishment of the crime

No one shall operate a juvenile harmful business establishment determined by the Juvenile Protection Committee according to the standards prescribed by Presidential Decree and publicly notified by the Minister of Gender Equality and Family in order to protect the health, safety, learning, and educational environment of students, which provides services where physical contacts between unspecified persons, sexual acts, such as exposure to sealed parts, etc., or other similar acts are likely to occur between unspecified persons, or which are likely to occur.

Nevertheless, from October 2016 to March 24, 2017, the Defendant violated the facility standards by installing a simple bet room and shower room in four independent smuggling with the trade name of “F” from the boundary line of D middle school located in Ulsan-gu, Ulsan-gu, U.S., the Defendant operated a juvenile harmful business establishment that is likely to engage in any act similar to the sexual act, such as exposure to physical contact or a secret part due to paralysis, etc.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Application of Acts and subordinate statutes to a report on detection (Evidence No. 1);

1. Article 16 (1) and subparagraph 13 of Article 9 of the Act on the Protection of the pertinent Act on Criminal Crimes and the Educational Environments Eligible for the Selection of Punishment (generally, selection of fines);

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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