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(영문) 부산지방법원 2017.10.25 2016고단6381
학교보건법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall conduct a business in a school environment sanitation and cleanup zone in which there is a concern over mediating voice conversations or video conversations among unspecified persons by dividing it by a closed space or partitions, or installing similar facilities, or distributing adult video works, etc.

Nevertheless, from June 29, 2016 to August 29, 2016, the Defendant installed a telephone, television, computer, etc. inside the room enclosed with the trade name “D” in the Busan-gu Busan-gu, Busan-do, which is located within the school environment sanitation and cleanup zone (B kindergarten and 83m street), so that the Defendant may use a 15,000 fee per two hours for unspecified customers, and allow them to use a voice call with unspecified women, and operated a juvenile-free establishment by screening adult video works at the same place on or around December 23, 2016 and around February 7, 2017.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each statement of E and F;

1. A report on investigation (with regard to the details of enforcement) and a report on internal investigation;

1. Application of four on-site photographs and four on-site control photographs;

1. Article 16(1) and Article 19 subparag. 13 of the Act on the Protection of the Educational Environment Eligible for the Determination of Criminal Facts and Punishment; Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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