청소년보호법위반
A defendant shall be punished by imprisonment for six months.
except that the execution of the above sentence shall be suspended for two years from the date of the pronouncement of this judgment.
Criminal facts
The defendant is a person who operates general restaurants mainly for cooking and selling alcoholic beverages with the trade name of D in Busan Northern-gu C.
The owner of a business establishment harmful to juveniles shall not employ a juvenile, and no person shall have the juvenile drink together with the guest or engage in other entertainment activities.
Nevertheless, from January 19, 2012 to March 31, 2012, the Defendant employed youth E (nives and 17 years of age) as a business establishment prohibited from employing juveniles from employing juveniles, and had them drink together with many unspecified customers and allowed them to provide entertainment.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E and F;
1. An interrogation protocol of the accused by the prosecution (including E and F substitute part);
1. Second police interrogation protocol against the accused (including the E and the F substitute part);
1. Application of Acts and subordinate statutes on police statement to E;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49-3 and 26-2 subparagraph 2 of the former Juvenile Protection Act (wholly amended by Act No. 11048, Sep. 15, 201; hereinafter the same shall apply), Articles 50 subparagraph 2 and 24 (1) of the Juvenile Protection Act (wholly amended by Act No. 11048, Sep. 15, 201);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Determination as to the issue of Article 62(1) of the Criminal Code of the Suspension of Execution (the fact that the defendant has no power to commit crimes so far, and various sentencing conditions such as the age, character and conduct of the defendant, family relationship, etc.)
1. 피고인은 E가 자신을 1993년생 20살이고 주민등록증을 분실하였다며 주민등록증분실재발급확인서를 제출하므로 이를 믿고 E를 고용하였고, E로 하여금 생맥주와 칵테일을 손님들에게 갖다 주게 한 이외에 접객행위를 시킨 사실이 없다고 변소한다.
2. In light of the legislative purpose, etc. of the Juvenile Protection Act,