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(영문) 서울북부지방법원 2014.08.12 2014고정692
학교보건법위반등
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Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A’s violation of the School Health Act is a person who operates a party hall with the trade name “E” from the first floor of the Seoul Southernbuk-gu Seoul Metropolitan Government D.

No one shall operate a billiard in a school environmental sanitation and cleanup zone.

Nevertheless, from November 1, 2013 to November 16, 2013, the Defendant installed nine guards in the school environmental sanitation and cleanup zone of elementary, middle and high schools, and operated a party room business against many and unspecified customers.

2. The Defendants’ co-principal Defendant A is a person who operates the party hall and Defendant B is an employee in the above party hall.

A person who intends to operate a sports facility business shall prepare facilities and report to the Governor of a Special Self-Governing Province or the head of a Si

Nevertheless, from November 1, 2013 to November 26, 2013, Defendants conspired to engage in the party funeral business without reporting to many and unspecified persons.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness F;

1. Some statements made by the Defendants in each police interrogation protocol

1. Location map of business places violating the School Health Act;

1. On-site photographs of the accusation establishment;

1. A written confirmation of business;

1. Application of Acts and subordinate statutes of summary order;

1. Article 19, Article 6(1)14 of the former School Health Act (Amended by Act No. 12131, Dec. 30, 2013); Articles 38(2)1 and 20 of the Installation and Utilization of Sports Facilities Act; Article 30 of the Criminal Act; Article 38(2)1 and Article 20 of the Criminal Act; Articles 38(2)2 and 30 of the Installation and Utilization of Sports Facilities Act; Defendant B selected from a fine: Articles 38(2)1 and 20 of the Installation and Utilization of Sports Facilities Act; Article 30 of the Criminal Act;

1. Defendant A among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70(1) and 69(2)1 of the Criminal Act of the Defendants in the custody of a workhouse.

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