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(영문) 대구지방법원 2013.04.26 2012노3357
청소년보호법위반
Text

All appeals filed by prosecutors and Defendant B shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the following facts: (a) Defendant C’s own operation “ Q entertainment tavern business operator sending a juvenile L and J to the news report room,” and (b) he did not obtain confirmation of identification from L and Q entertainment tavern at the time of committing entertainment tavern; (c) Defendant C stated that there was only one water from “ Q entertainment tavern”; and (d) Defendant C stated that there was one water from “ Q entertainment tavern” and other water’s guidance; and (e) Defendant C was highly likely to have been employed by Defendant C when L going to the “ Q entertainment tavern”, the lower court acquitted Defendant C on the ground that it was difficult to recognize Defendant C’s criminal intent as to the employment of juveniles; and (e) the lower court erred by misapprehending the fact that it was affected the conclusion of the judgment by misapprehending the fact that it was difficult to recognize Defendant C’s above crime.

B. Defendant B (unfair punishment)’s punishment sentenced by the lower court to Defendant B (eight million won of fine) is too unreasonable.

2. Judgment on the prosecutor's assertion of mistake of facts

A. The summary of the facts charged in this part of the facts charged was that Defendant C, from April 7, 201 to the 20th day of the same month, employed a juvenile by allowing the female to provide entertainment to the customers who found the above main points without verifying the age of the J (W, 16 years of age, K), L (n, 17 years of age, Ma), which was introduced through H’s I from the “ Q amusement tavern” that he operated by his own P located in Daegu Suwon-gu P to the same month.

B. The lower court’s judgment: (a) the following circumstances revealed by the record, namely, ① L and J, with H’s introduction from April 7, 201 to April 20 of the same month, provided 1 and twice entertainment bars from Defendant C’s “ Q amusement tavern” operated by Defendant C; and (b) did not obtain confirmation of identification or identification card at the time when L and J provided entertainment in “ Q entertainment tavern”; and (c) L was “R” at the court of the lower judgment and “a witness went to Q.”

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