beta
(영문) 전주지방법원 2013.05.31 2013노38

청소년보호법위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The argument that the defendant, the main point of the grounds of appeal, the lodging business owner, thought that the female juveniles of this case as employees of entertainment establishments, and that he was aware that male juveniles as employees of entertainment establishments, cannot be understood in light of the appearance or age (the age of 17 for male and female juveniles, and 15 to 16 for female juveniles) of the juvenile of this case at the time of the argument that he was unaware of whether they are juveniles. In light of the fact that the juvenile of this case, after the lapse of the time when the juvenile of this case was accommodated in the motherel, the defendant raised the value to the juvenile of this case or told that he would move to the juvenile of this case, the court below found the defendant not guilty of the facts charged of this case, despite the willful negligence of the fact that the defendant had been able to do so.

2. Determination on the grounds for appeal

A. The summary of the facts charged in the instant case is the person running the telecom with the trade name “D” (hereinafter “the instant telecom”). From February 14, 2012, the Defendant had the juvenile E (17 years old), F (17 years old), G (15 years old), H (n, 16 years old), I (n, 16 years old), and I (n, 16 years old) (hereinafter “the instant juveniles”).

As a result, the Defendant committed a business that disturbs public morals by allowing the juveniles to sleep in sexual intercourse.

B. The Defendant asserted that the Defendant, a female juvenile, was accommodated in H, G, I only, and the male juvenile, E, and F brought about only their animals. The Defendant permitted female juveniles to take care of, and the Defendant was an adult employee working at a entertainment establishment, and E, and F was a female employee.

C. The lower court determined that the following facts recognized by the evidence duly admitted and investigated by the lower court, namely, ① the Defendant’s age to F and E, refers to the Defendant’s resident registration number of an adult sentence, and E refers to the age.