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(영문) 수원지방법원 성남지원 2018.02.08 2017고정935
청소년보호법위반
Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

Defendant

A is the employee of Gelher in the branch of Gelhere-gu in Gyeonggi-si, and Defendant B is the actual business owner of the Maurhere-gu.

1. No person shall engage in any business which disturbs public morals, such as having juveniles lodge together on the register of both men and women, or provide a place for such business purpose;

Nevertheless, from January 31, 2017 to April 03:00 of the next day, the Defendant 1, from around 13:00 to around 03:00 of the next day, she was accommodated in the above her home room as a juvenile, I (15 years old), J (15 years old), K (5 years old), and L (15 years old).

2. Although Defendant B had to exercise due care and supervision to prevent Defendant A from being able to be able to get the juveniles familiarly at the above temporary location, Defendant B neglected to exercise due care and supervision over the pertinent duties.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Statement made by the police to J;

1. The witness I and each legal statement of M, and the witness K's partial statement in the court;

1. Photographs (the Defendants and the defense counsel argued to the effect that at the time, I presented a university student identification card to the effect that I was believed to be a juvenile and that his behaviors were not perceived to be a juvenile. However, according to the evidence above, I knew that I was a female job on the Defendant at the time, and since the fake identification card presented to the Defendant A was merely a smartphone app screen, I did not properly perform it even though I should have confirmed whether I and I would like to be a juvenile in the first year of high school at the time, and thus, I did not properly perform it. Accordingly, Defendant A knew that I doluma I and their behaviors were the juvenile, and that there was a female job.

【Application of the statutes】

1. Article 58 subparagraph 5 of Article 58 of the Juvenile Protection Act and subparagraph 8 of Article 30 (Selection of Penalty): Defendant B: Articles 62 and 58 subparagraph 5 of the same Act and Article 30 subparagraph 8 of the same Act;

1. Defendants to be detained in the workhouse: Article 70 of the Criminal Act.

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