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(영문) 대구지방법원 2017.12.15 2017고단5741

청소년보호법위반등

Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person who is engaged in food entertainment business under the trade name of “C main points” from Daegu Metropolitan City, Nam-gu B and 2.

1. Violation of the Juvenile Protection Act;

A. A person who is banned from engaging in harmful conduct to juveniles is prohibited from having a juvenile drink with a guest or acting as a guest by singing or dancing, or acting as a broker or intermediary for such an act. On August 19, 2017, the Defendant arranged the juvenile DNA (the age of 15) as a guest by combining it with E (the age of 17) and F (the age of 17) at C main office around 03:50 on August 19, 2017.

B. Although no one sells drugs harmful to juveniles, etc. to juveniles, the Defendant sold 1. A. at the same time and place as set forth in paragraph (1) of the same Article, the Defendant sold 100ml 1 disease and 50ml chil 1 disease and 50ml booms to juveniles E (17 3) and F (17 3).

2. A person violating the Food Sanitation Act was prohibited from drinking alcoholic beverages with customers or arranging to provide entertainment to customers by singing or dancing at a place where a food entertainment business is conducted for profit. However, the Defendant arranged D, a juvenile, (the age of 15) to provide entertainment services as stated in 1. A. as stated in 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements of D and E;

1. Application of statutes on a copy of business license;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 56 and 30 subparag. 2 of the Act on the Protection of Juveniles who have the option of punishment (the referral of juveniles to provide entertainment services), Article 59 subparag. 6, Article 28(1) (the occupation of selling drugs harmful to juveniles, the choice of imprisonment), Article 98 subparag. 1 and Article 44(3) of the Food Sanitation Act (the occupation of running the business of providing entertainment services without permission, and the choice of imprisonment);

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. The reason for sentencing under Article 62(1) of the Criminal Act is the defendant.