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(영문) 서울중앙지방법원 2017.11.24 2017고단6668
교육환경보호에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who engages in the business of selling sexual instruments under the trade name of “C” from the Jung-gu Seoul Metropolitan Government B and the first floor.

No one shall operate a place of business handling juvenile harmful substances (sexual instruments) in an educational environment protection zone, which provides such materials for the sale, lease, or use thereof.

Nevertheless, during the period from May 2017 to August 14:45, 2017, the Defendant operated a business by displaying the sex extension equipment for men, which is a juvenile harmful object (sex body), in the above “C,” which is about 28 meters in distance with D high school, and is located within an educational environment protection zone.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to guidance on crime scene and control photographs;

1. Relevant legal provisions concerning criminal facts, Articles 16(1) and 13 of the Act on the Protection of the Educational Environment Eligible for the elective Punishment, and the choice of imprisonment;

1. A suspended sentence under Article 62(1) of the Criminal Act has the record of punishing a fine for the same kind of crime for the reason of sentencing; the defendant's consent to commit the instant crime; the defendant's consent to commit the instant crime; and other circumstances such as the defendant's age, sex behavior, motive for committing the instant crime; and the circumstances after committing the instant crime shall be determined as ordered by the sentence;

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