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(영문) 부산지방법원 서부지원 2017.07.03 2017고정69
교육환경보호에관한법률위반등
Text

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

Where the defendant fails to pay the above fine, ten days shall apply.

Reasons

Criminal facts

The Defendant is operating a singran bar with the trade name of “C” in Busan Seo-gu.

1. No person who violates the Act on Educational Environment Protection shall operate a dan business in an educational environment protection zone to protect the health, sanitation, safety, learning, and educational environment of students;

Nevertheless, around March 16, 2017, the Defendant was located in the relative protection zone in the educational environment protection zone and was subject to registration with the competent Gu office and deliberation by the Office of Education. However, the Defendant operated a danran business without receiving such registration.

2. The Defendant violated the Food Sanitation Act, without obtaining permission from the head of the competent Gu, was equipped with a singran business facility in the above C without having obtained permission, and on March 16, 2017, the Defendant operated a singran business by having three female customers with no name-based around 21:50, and selling 29,000 won in cash after providing three female customers with only one man per week, beer, and singing 29,00 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Domestic death report [The defendant has different knowledge that his singing practice place in his judgment is located in an educational environment protection zone and it is necessary to permit the business of a karaoke bar; and

However, the defendant was aware that the above singing practice is located in the educational environment protection area and the permission of the competent authorities is necessary in light of the fact that D middle schools are located in a place less than approximately 150 meters away from the above singing practice site, and that the defendant had been operating in the same place for about two years prior to the commencement of the business.

applicable laws and regulations

1. Article 16 (1) and Article 9 subparagraph 26 of the Act on the Protection of Educational Environment of the relevant Article on criminal facts (the point of business of a danran tavern in an educational environment protection zone), Article 94 (1) 3 and Article 37 (1) of the Food Sanitation Act (the point of business of a danran tavern without permission);

1. The Commercial Concurrent Crimes Act.

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