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(영문) 대전지방법원 2013.06.05 2012노2767

청소년보호법위반

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. At the time of the misunderstanding of facts, D/E, which was a juvenile at the time of the misunderstanding of facts, was made in the form of adult, such as cremation and d/E, and D paid accommodation expenses by means of the Internet as well as the resident registration number in 1991, which was the adult adult, through the accommodation card. In light of this, the Defendant was guilty of the facts charged in this case, despite the absence of criminal intent of violation of the Juvenile Protection Act, because the Defendant knew D/ E, which was not a juvenile, was sexually sexually sexually sexually sexually sexually sexually, at the time of the instant case, and thus, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Ex officio determination

A. The Defendant, who is engaged in accommodation business with the trade name of Bosi-si, Bosi-si, and who is engaged in accommodation business, was prohibited from engaging in any business that disturbs public morals or providing a place for the purpose of accommodation by allowing juveniles to have sexual intercourse accommodation. However, from August 21, 2012 to August 17:20, 2012, the Defendant, from August 21, 2012, 200 to August 17, 2012, 200 to 30 years old-si, 17 years old-si, E (n, 16 years old-si), F (n, 18 years old-si), and F (n, 18 years old-si) to stay together, thereby disturbing public morals.

B. B. Prior to the judgment on the grounds for appeal, the court below found the F as a juvenile and sentenced the Defendant guilty on the ground that the judgment below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, and thus, the judgment of the court below cannot be maintained.