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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the summary of the grounds for appeal E, F, G police and prosecutor's statements, even if the defendant could find out the fact that he temporarily employed the above E, etc., a juvenile without confirming his age, the court below acquitted the defendant, by misunderstanding the facts, which affected the conclusion of the judgment.
2. Determination
(a) If the owner of a business establishment harmful to juveniles intends to employ an employee, he/she shall verify the age of the business establishment harmful to juveniles and shall not employ a juvenile;
Nevertheless, the Defendant did not confirm the age of E (V, 16 years old, 17 years old, 17 years old, 17 years old) and G (V, 17 years old, 17 years old) at around 04:00 as of July 7, 201, and around 05:0 as of August 201, 201, in relation to the D entertainment tavern operated by the Defendant on the first floor of the Gwangju Mine-gu C building, and had women enter the above places and drink with drinking together with the unfortunate customers, or drink or dance.
Accordingly, the defendant did not confirm the age as the owner of a business establishment harmful to juveniles and employed the juvenile temporarily.
B. In full view of the evidence submitted by the judgment prosecutor, the fact that the defendant operated the D entertainment tavern as stated in the facts charged, and that the defendant was a juvenile E, F, and G around 04:0 as of July 7, 201, and around 05:0 as of August 201, 201, which entered the above entertainment tavern and worked as Dominant, around 05:00 on August 201, 201, and the fact that the defendant did not confirm the age of E, etc. at the time when the defendant entered the entertainment tavern.
However, the following circumstances acknowledged by the record, namely, the above juveniles were friends belonging to the “news Report” term operated by H and I at the time of the instant case, and used K’s Jno-Ma as a waiting room, and H did not send a letter to the “D entertainment tavern” in the lower court’s court.
The end of July 2012, the end of August 2012 and the end of August 8, 2012 Police Officers D D with F, etc. as drinking in K, the Defendant, and his three persons, who are themselves, are drinking, but this is K and alcoholic beverage in Jnonok.