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(영문) 대전지방법원 2018.11.01 2018고단504 (1)

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

No one shall, for the purpose of profit-making, arrange a juvenile to drink with customers or to provide entertainment to customers by singing or dancing, and no person who operates a singing practice hall shall arrange a juvenile to provide entertainment to customers by drinking with customers or singing or dancing with customers in the singing practice place for profit-making purposes.

1. On August 19, 2017, the Defendant: (a) around 02:45, at the music practice place operated by the Defendant, in Seo-gu Daejeon, Seo-gu, Daejeon: (b) around 02:45, the Defendant: (c) provided that male customers under the name of the Defendant have expressed alcohol to E (the age of 16) who are minors of “D” news media, who are minors belonging to the room; and (d) provided the said juveniles with entertainment by singing and dancing with the said customers.

2. On September 22, 2017, around 03:30 on September 22, 2017, the Defendant, at the instant singing practice place, provided that the Defendant would give 30,000 won per hour to G (n, 16 years of age) and H (n, 18) a minor who is a minor of “F” news media (n, 16 years of age), who belongs to the Defendant, provided that the said juveniles had the said juveniles provide entertainment to customers by singing and dancing with the said customers.

Accordingly, the defendant arranged the entertainment activities of juveniles for profit at the singing practice place operated by the defendant more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in H and G;

1. Investigation report (suspect A investigation result);

1. The current status of minor children's access establishments, and the application of the business registration certificate (C Sing practice place)-related Acts and subordinate statutes;

1. Article 56 and Article 30 subparagraph 2 of the Act on the Protection of Juveniles from Crimes, and Articles 34 (4) and 22 (2) of the Music Industry Promotion Act (elective of imprisonment with prison labor) concerning facts constituting a crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 51 of the Criminal Act, such as the observation of protection and community service order, reflection of the reason for sentencing under Article 62-2 of the Criminal Act, degree of crime, the fact that there is no record of the same crime, and other ages.