beta
(영문) 대전지방법원 2017.05.25 2017고단1182

청소년보호법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. No music practice room business operator who violates the Music Industry Promotion Act shall sell alcoholic beverages or arrange an employment for a loan for entertainment;

Nevertheless, on April 4, 2016, at around 00:30 on April 4, 2016, the Defendant: (a) received KRW 90,00 from three customers, E, etc.; (b) sold beer and beer; (c) sold beer and beer; and (d) employed Does F, G, and H for 30,000 won per hour; (b) engaged in drinking with the said customers; and (c) engaged them in entertainment with singing and dancing, thereby having violated the rules of the practice implementer.

2. No person who violates the Juvenile Protection Act shall, for the purpose of profit-making, have juveniles drink alcoholic beverages with customers, singing or dance, etc. to provide entertainment to customers;

Nevertheless, at the above date, at the above time and place, the Defendant 1: (a) had a juvenile son F (the age of 16), G (the age of 17), and H (the age of 16) receive 30,000 per hour per hour; and (b) had a customer provide entertainment services by singing and dancing with customers; and (c) had them provide entertainment services for profit-making purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to G, H and F;

1. Each statement of F, H, G, E, I, and J;

1. A report on investigation, etc. and a report on investigation (a statement even if any);

1. Application of statutes on business registration certificates;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 56, 30 subparagraph 2 (a) of the Act on the Promotion of Music Industry, Articles 34 and 22(1)4 (a) and 34(2) of the Music Industry Act, Article 34(3) and 22(1)3 (a) (a) of the Music Industry Promotion Act, Article 34(3) and 2, and Article 22(1)3 (a) (a) of the same Act on the Promotion of Music Industry) of the same Act;

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 (Article 62(1) of the suspended sentence is disadvantageous to the defendant.