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(영문) 인천지방법원 2018.10.04 2017고단9437
청소년보호법위반등
Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Defendant

On October 25, 2012, A was sentenced to two years of imprisonment with prison labor for a violation of the Vocational Stabilization Act at the Incheon District Court, and on November 2, 2012, the above judgment became final and conclusive on November 2, 2012, and Defendant B was sentenced to two years of suspension of execution on October 14, 2013 by imprisonment with prison labor for a violation of the Juvenile Protection Act at the Incheon District Court on June 14, 2013, and the above judgment was finalized on June 22, 2013.

1. Defendants in violation of the Occupational Stabilization Act conspired with the competent police office on August 8, 2012 without registering a fee-charging job placement service, and introduced D et al. to a neighboring entertainment mainly store by using car engines in Bupyeong-si C in Bupyeong-si and providing them with entertainment services, and received a fee of KRW 10,000 per hour and run a fee-charging job opening service.

2. The Defendants in violation of the Juvenile Protection Act conspiredd with the Defendant on August 8, 2012 to provide three juveniles with D(15), G(14) and H(15) to the “F’s entertainment drinking places, etc. located in Seocheon-si, Ma, Seocheon-si, Ma, and arranged the said juveniles to provide customers with entertainment by drinking with the said customers and singing and dancing.

Summary of Evidence

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. Each police statement made with respect to H, G, and D;

1. Making teas;

1. Application of Acts and subordinate statutes concerning photographs of witnesses;

1. Relevant legal provisions and the Defendants’ choice of punishment on criminal facts: Each of the Defendants’ respective Juvenile Protection Act (Amended by Act No. 11048, Sep. 15, 2011); Articles 49-3 and 26-2 Subparag. 2 of the Criminal Act; Article 30 of the Criminal Act (in the case of arranging juvenile visitors), Articles 47 Subparag. 1 and 19(1) of the former Job Stabilization Act (Amended by Act No. 12631, May 20, 201); Articles 47 Subparag. 1 and 19(1) of the former Act (Amended by Act No. 12631, May 20, 2014); Article 30 of the Criminal Act (in the case of running business of opening a fee-free workplace;

1. The Defendants who commit concurrent crimes: the latter part of Article 37 of the Criminal Act: Article 39(1) of the Criminal Act;

1. The Defendants who aggravated concurrent crimes: the crimes for which the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are currently underway, and the crimes for which the judgment becomes final and conclusive.

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