beta
(영문) 인천지방법원 2013.11.07 2013고단4826

청소년보호법위반등

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. The Defendant in violation of the Juvenile Protection Act is a person who runs a danran bar with the trade name “D” on the first floor of a building located in Yangcheon-gu Seoul Metropolitan Government.

No one shall, for the purpose of profit-making, have juveniles drink alcoholic beverages with customers, or provide entertainment to customers by singing or dancing.

Nevertheless, the Defendant, from around 02:00 on January 12, 2013 to around 06:00 on the same day, from around 03:00 on January 15, 2013 to around 05:00 on the same day, from around 15, 2013, from around 03:00 on the same day, had the juvenile E (n, 15 years of age), F (n, 17 years of age), G (n, 14 years of age), and H (n, 16 years of age) enter an influence with customers to drink with them, drink with them or sing them.

As such, the Defendant had a juvenile entertainment act.

2. No person who violates the Food Sanitation Act shall drink alcoholic beverages with customers, singing or dance at a place where food service business is operated for profit;

Nevertheless, from around 21:00 to 23:00 on July 4, 2013, the Defendant: (a) had five female visitors, including the above danran bar, I (n, 20 years of age, etc.) drink with an innate guest; (b) provided entertainment to customers by singing, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each prosecutorial statement made to J and I;

1. A protocol concerning the examination of suspect to K and J;

1. Each police statement concerning E and F;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 56 and 30 subparagraph 2 of the relevant Act on the Protection of Juveniles from Crimes (a point of view for profit) and Articles 98 subparagraph 1 and 44 (3) of the Food Sanitation Act (a point of view for profit-making entertainment);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment (as to a crime of violating the Food Sanitation Act)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act: