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(영문) 서울북부지방법원 2017.06.15 2017고단1621
교육환경보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall engage in the business of producing and distributing materials harmful to juveniles, which are sex-related articles, or juvenile-related articles, unless he/she restricts the use of materials, such as sexual instruments that encourage juveniles to commit obscene acts, in an educational environment protection zone in order to protect the health, safety, learning, and educational environment of students, engage in the business of producing and distributing such materials,

Nevertheless, from October 15, 2016 to March 6, 2017, the Defendant operated an adult product store business that distributes juvenile harmful articles, such as a sexual organ, in the trade name of “C” in Seoul Special Metropolitan City, Nowon-gu building 203 located in an educational environment protection zone.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement and each photograph of the defendant;

1. A written authorization;

1. Application of Acts and subordinate statutes to report on investigation (report on telephone call of a suspect related to harmful articles);

1. Article 16(1) and Article 19 subparag. 13 of the Act on the Protection of the pertinent Article of the Act on Criminal Crimes and the Selective Educational Environment for the Selection of Punishment, and Selection of Imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration to recognize a crime, the fact that there is no record of punishment exceeding the fine, the details of the crime, etc.);

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