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(영문) 부산지방법원 2012.08.28 2012고단4840
청소년보호법위반등
Text

1. The defendant shall be punished by imprisonment for six months and a fine of five million won;

2. Where the defendant does not pay a fine;

Reasons

Punishment of the crime

1. The Defendant in violation of the Juvenile Protection Act is a person who operates a dan, a juvenile access and employment-prohibited establishment, under the trade name of Busan Shipping Daegu D.

No one shall allow a juvenile to drink with a customer or to provide entertainment services by singing or dancing. On October 12, 2011, the defendant employed a juvenile E (the student, the student of March 1996) for 30,000 won per hour without confirming his/her identification card in D dan, thereby allowing the customer to provide entertainment services and provide entertainment services.

2. Any person who intends to run an entertainment bar business in violation of the Food Sanitation Act shall obtain permission from the competent authority;

Nevertheless, the Defendant, without permission at the time and place specified in Paragraph 1, had E provide entertainment drinking service without permission, and had E provide entertainment drinking service.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49-3 and 26-2 subparagraph 2 of the Juvenile Protection Act (Article 49-2 (1) of the Juvenile Protection Act) and Articles 94 subparagraph 3 and 37 (1) of the Food Sanitation Act (Article 94 (2) of the facts of a crime, the choice of imprisonment,

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 3, and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crime of this case under Article 62-2 of the Social Service Order Criminal Act was committed by having a juvenile under 15 years of age who should grow into a person with a sound character, thereby causing a huge impediment to the sound mental and physical development of the juvenile and the formation of proper values, and the quality of the crime is not good, and the social hazard is very high.

In addition, even though the defendant was punished once for the same crime, he/she again commits the crime of this case in six months from then.

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