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(영문) 대구지방법원 2018.12.19.선고 2018고정899 판결
교육환경보호에관한법률위반
Cases

2018 Violation of the Educational Environment Protection Act

Defendant

○○○ (87-1), Non-office

Housing Daegu

Reference domicile Daegu

Prosecutor

The following type of prosecution (prosecution), Kim Essential (public trial)

Defense Counsel

Attorney Kim Gin-han (Korean)

Imposition of Judgment

December 19, 2018

Text

The defendant shall be innocent.

Reasons

1. Facts charged;

No one shall conduct business in an area for educational environment protection where sexual acts or acts of similarity are likely to be performed by dividing it by smuggling, sealed space or partitions, or by installing similar facilities.

On January 15, 2018, from around March 2, 2018 to around March 2, 2018, the Defendant: (a) at the 'A’ secondary management establishment operated by the Defendant in Daegu; (b) from '○ Middle School' to 178 meters away from '○ Middle School', the above place is located in the school environmental sanitation and cleanup zone; (c) however, the entrance was partitioned by walls inside the place of business; (d) the entrance was installed, and the entrance was installed, and (d) the Defendant provided the marina service from 50,000 to 60,000 to the unspecified number of customers. Accordingly, the Defendant operated businesses that are likely to engage in sexual conduct or similarity within the educational environmental protection zone.

2. Determination

According to the evidence duly adopted and examined by this court, it can be recognized that the defendant's business establishment is equipped with a wall and a string, with a lock, etc. in the space, and a separate shower room is installed, the defendant provided services such as the string, etc., and the fact that the panty and the boom sea was discovered at the business establishment.

However, the following circumstances that can be recognized by the above evidence, ① the above facilities or facilities are ordinarily equipped with marina business establishment, ② the one-time panty service is offered for the convenience of customers who are exposed to marina business at marina business establishment ③ the one-time 2 lux 2 of lux lux can be viewed as being kept for personal use as the defendant's assertion in light of the number, ④ the control police officer did not find any trace that the act of similarity was performed, ⑤ the employees were only engaged in marina business related, ⑤ The service guide installed within the business establishment is stated only that there is no room to acknowledge that the act of similarity was performed, ② the act of using 0,00, 00, 00, 00, 00, 00, 00, 00, 00, 00, 00, 00, 0, 0, 0, 0, 5, 0, 5, 0, 6, 0, 6, etc., 0, 6, 0, 0, 0, 0.

3. Conclusion

Thus, since the above facts charged constitute a case where there is no proof of crime, it is decided as per Disposition by the latter part of Article 325 of the Criminal Procedure Act to sentence innocence.

Judges

Judge Final Line

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