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(영문) 서울북부지방법원 2017.04.13 2017고단573
학교보건법위반
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

No one shall operate a place of business harmful to juveniles in a school environment sanitation and cleanup zone.

On September 19, 2016, around 16:45, the Defendant established five rooms with the trade name of “C” in Seoul, B, a school environment sanitation cleanup zone, and had female employees receive KRW 60,000 won from the imprisonies and have them hold a boom, thereby allowing them to engage in physical contact, exposure to the brue part, etc. among unspecified persons, or any similar activity. The Defendant established and operated a juvenile harmful business establishment, which is a business establishment that provides services that are likely to engage in physical contact, exposure to the brue part, or any similar activity.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes on site photographs of the business establishment;

1. Relevant Article 2 of the Addenda to the Health Act of the Private School (Amended by Act No. 13946, Feb. 3, 2016); Article 19(2) and Article 6(1)9 of the former School Health Act (Amended by Act No. 13946, Feb. 3, 2016); the choice of imprisonment, etc. for a crime

1. The sentence identical to the order shall be determined by comprehensively taking into account the following conditions of sentencing under Article 62(1) of the Criminal Act, including the Defendant’s age, occupation, sex, family relationship, and the circumstances before and after the commission of the crime.

- The fact that there has been two times of punishment for a violation of the School Health Act - the recognition and reflect of the crime, and the closure of the business concerned;

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