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(영문) 인천지방법원 부천지원 2019.09.04 2019고단1782
교육환경보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a key bank with the trade name of "C" on the second and second floor in Bupyeong-si.

1. No person who violates the Educational Environment Protection Act shall enter the facilities and conduct activities of juveniles belonging to the businesses publicly notified by the Minister of Gender Equality and Family and business establishments banned from entering the educational environment protection zones for the health, sanitation, safety, learning, and protection of educational environment

Nevertheless, from May 3, 2019 to May 16, 2019, the Defendant operated the business with the trade name of 'C' in the relative protection zone in the educational environment protection zone, which is a distance of 189 meters from the D kindergarten boundary, and operated the establishment of 9 smuggling, 5 female employees waiting rooms, and 1 rest rooms in the establishment, which are likely to cause sexual acts, such as dancing with unspecified customers, exposure to physical contact, or exposure to the sealed parts, or other similar acts.

2. No person who carries on the amusement business affecting the public morals in violation of the Act on the Regulation of Amusement Businesses Affecting the Public Morals, shall do any obscene act, or mediate or provide it at a place carrying on the amusement business affecting

Nevertheless, the Defendant arranged obscene acts, such as having female employees enjoy 30 million won and 6-70,000 won per hour from many unspecified male customers who visited the above business at the date, time, and place mentioned in the above paragraph (1) and having them enjoy dancing and fit their body, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Police investigation report (lease telephone call) and internal investigation report (with respect to the statement of female employees);

1. Details of the commercial lease agreement and the transfer of the car bank;

1. Application of G map, Internet advertising photograph, site photograph, and book and photograph Acts and subordinate statutes;

1. Article 16(1) and Article 9 subparag. 13 of the Act on the Protection of Acts and Subordinate Statutes concerning facts constituting an offense, and Articles 16(1) and 10 of the Act on the Regulation of Amusement Businesses Affecting Public Morals;

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