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(영문) 서울중앙지방법원 2019.01.21 2018고단8122
교육환경보호에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No person who operates a store for selling adult products, and no person shall be allowed to place a place of business dealing with sexual instruments, which provides that a person may sell, rent, or use materials harmful to juveniles in an educational environment protection zone (within 200 meters from the school boundary).

Nevertheless, from May 2017 to October 11:50, 2018, the Defendant displayed and stored the sex extension equipment for men, which is a material harmful to juveniles, in Seoul, Jung-gu, Seoul, and the first floor, in a distance of about 130 meters from the boundary of B High School, for the purpose of selling them, and operated a sales store for adult products.

Summary of Evidence

1. Defendant's legal statement;

1. Application of enforcement manual and photographic Acts and subordinate statutes;

1. Article 16 (1) and Article 9 subparagraph 13 of the Act on the Protection of Relevant Acts concerning criminal facts and the Educational Environment Selection for Punishment; Article 2 subparagraph 5 (a) 9 of the Juvenile Protection Act; and choice of imprisonment with prison labor;

1. The suspended sentence provided for in Article 62(1) of the Criminal Act, which repeats the same kind of crime as the reason for sentencing, shall be determined in light of the Defendant’s age, character and conduct, circumstances after the crime, etc., taking into consideration the favorable circumstances, such as the Defendant’s age, character and conduct, and the fact that the store is prepared to close down, as

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