청소년보호법위반
Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Punishment of the crime
The Defendant is an employee working in the “E” located in Gwanak-gu in Seoul Special Metropolitan City.
No one shall engage in any business activity that disturbs public morals, such as making male and female juveniles lodge together, or provide a place for such business activity.
Nevertheless, around October 23, 2017, the Defendant provided a place for the purpose of doing any business that disturbs public morals by having juvenile F (M, 15 years of age) and G (V, 23 years of age) shared accommodation in the above E “E” 205 room on October 23, 2017.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness F and H;
1. Application of statutes on business registration certificates;
1. Article 58 subparagraph 5 of the relevant Act and Article 30 subparagraph 8 of the Juvenile Protection Act, the selection of fines for criminal facts, and the selection of fines for negligence;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act
1. The defendant and his defense counsel's assertion H and the F, a juvenile, enter the accommodation, and use the body of the F, which the F is a juvenile, and report it to the police with the juvenile's male and female lodging;
The purpose of intimidation was to visit “E” to take money, and at the time F was to hold cremation in clothes such as adults in order to facilitate the commission of crime, and speech and behavior were the same as adults.
Therefore, the defendant could not be entirely suspected of being a juvenile, so there was no intention in violation of the Juvenile Protection Act to the defendant, and the defendant was only the victim of the crime of attempted sexual intercourse and did not provide a place for the purpose of sexual intercourse.
2. The legislative purport of Article 30 Subparag. 8 of the Juvenile Protection Act is to protect juveniles from various harmful acts so that juveniles can grow into healthy character, and a person who runs accommodation business like the Defendant is a mother or a tea of a person who intends to be well-known in sex.