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(영문) 대전지방법원 2013.07.11 2013고정636
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person shall engage in any business activity disturbing public morals, such as making male and female juveniles lodge together, nor provide a place for such business activity.

At around 10:00 on February 2, 2013, the Defendant: (a) demanded that F (19 years of age) and youth (16 years of age), H (18 years of age), and I (18 years of age) change two rooms; (b) provided F (1), G, and H (18 years of age) and provided F (202 and 203 years of age) at the above 202 room, without verifying the identification card of G and H; and (c) provided F, G, and the above 203 room of the above 202 room of the above 202 room of the latter 203 room of the latter 203 room of the latter 203 room of the latter 203 room of the latter 203 room of men and women.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, I, and H;

1. Application of the laws and subordinate statutes of F, I, and H respectively;

1. Article 58 of the Juvenile Protection Act applicable to the relevant criminal facts, the selection of penalties, and the selection of fines under subparagraph 5 of Article 58 of the Juvenile Protection Act;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. At the time, the defendant and his defense counsel asserted that the defendant, together with the J, showed that F, G, H, and I (hereinafter referred to as the above four persons, collectively referred to as the above four persons) sought identification and demanded identification cards to those persons. He verified identification cards presented by F, I, and that he was not a juvenile, G, and H not a juvenile who did not present identification cards, and that the above juvenile's daily activities were sent to the effect that they were not familiar with each other, so the defendant did not commit harmful acts to juveniles by mixing the above four persons.

2. If there are circumstances to suspect that a person engaged in a judgment-based leisure business is a juvenile on the outer features, habitss, screams, etc. of those who intend to be separated from sexual intercourse, it shall be confirmed that the person is not a juvenile by identification card or any other reliable method and is not a juvenile.

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