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(영문) 수원지방법원 성남지원 2019.05.24 2018고단2493
청소년보호법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant is the proprietor of a lodging establishment in Sungnam-si, the Sinnam-si, the Sinnam-si.

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 00:15 on September 20, 2018, the Defendant received accommodation expenses from the above telecom D, E (19 years of age) and F (19 years of age) who is a guest, and entered the juvenile G (n, 16 years of age), H (n, 15 years of age) who is a day-to-day juvenile, and she was married.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each legal statement of witness E, G and H;

1. A statement prepared in F;

1. Application of Acts and subordinate statutes, such as a business report certificate, ctv photographs (investigative record 12, 13 pages);

1. Determination as to the pertinent legal provisions on criminal facts, Articles 58 subparag. 5 and 30 subparag. 8 of the Juvenile Protection Act, and the assertion of the Defendant and his/her defense counsel regarding the selection of punishment

1. The defendant asserts that there is no intention of juvenile sexual intercourse for the following reasons.

① On September 18, 2018, G visited her motherel, but at the time, she presented the resident registration certificate of 1998 and did not re-examine her identification card on the day of the instant case.

② While entering the liquor, H thought that other adult behaviors are not juveniles on the ground that they are the friend of the same body.

③ At the time, E had different two rooms, and believed that he would not be able to sleep in a sexual intercourse by talking that he would not be able to sleep in a sexual intercourse.

2. Determination

(a) Where any circumstance exists to suspect that a juvenile is a juvenile in the outer appearance, habiting, shots, etc. of those who intend to be separated from sexual intercourse, a person engaged in female business shall be permitted to be separated from sexual intercourse only if it is confirmed by identification card or any other reliable method that the juvenile is not a juvenile;

B. (See, e.g., Supreme Court Decision 2002Do4282, Oct. 8, 2002).

The evidence duly adopted and examined by this Court is as follows.

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