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(영문) 서울동부지방법원 2020.05.29 2019고정1385
교육환경보호에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a business owner operating a “C” business from the first floor of Gangdong-gu Seoul Metropolitan Government (B).

No person shall conduct business to provide services in an educational environment protection zone for the protection of the health, sanitation, safety, learning, and educational environment of students, in which physical contacts between unspecified persons, exposure to a sealed part, etc., or other similar acts are likely to occur, or which are likely to occur.

Nevertheless, from April 25, 2018 to September 16, 2019, the Defendant: (a) at the foregoing establishment located at approximately 139 meters distance from the boundary line of “Emiddle School” located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, the Defendant: (b) made seven smugglings; and (c) provided one shower facilities; and (d) provided services that are likely to engage in physical contacts, exposure to the sealed parts, etc., or other similar activities.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A photograph of the business place (including a instructor, etc.);

1. Application of Acts and subordinate statutes to report investigation results;

1. Article 16(1) and Article 9 subparag. 13 of the Act on the Protection of Relevant Acts concerning criminal facts and the Educational Environment Selection for Punishment, and Selection of Fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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