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(영문) 인천지방법원 2018.05.25 2018고정1036
청소년보호법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person operating a lodging establishment.

No one shall engage in business activities disturbing public morals, such as having male and female juveniles lodge together, or provide a place for such business activities.

Nevertheless, around January 10, 2018, at around 06:30, the Defendant provided a place for male and female-friendly accommodation to juveniles by having them go together with F(17) and F’s female-friendly G in the guest room “Eel” 205, the Defendant’s operation of the Defendant in Gyeyang-gu Incheon Metropolitan City D.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. A summary statement of the F;

1. Report on internal investigation (as the defendant and his defense counsel did not know the fact that F was a juvenile in the horses, chrons, etc., the defendant and his defense counsel had no intention to provide a place for male and female lodging.

The argument is asserted.

However, F was 17 years of age at the time of the instant case, and even according to the Defendant’s assertion, F entered the hospital as a tea for the operation of the hospital, and F was “98 years of age, work at the H hospital, and later became aware of the H hospital.” If suspected, using accommodation facilities with the hospital surgery for the vehicle for which the hospital operation was conducted cannot be deemed as an objective or a public certificate with which the age can be verified, as well as that of the vehicle for which the hospital operation was conducted. Nevertheless, in light of the fact that F was permitted the Defendant’s entry without presenting his/her resident registration certificate or other certificate with which the Defendant can verify his/her age, at least, the Defendant had dolus negligence on the juvenile sexual intercourse.

It is reasonable to view it.

Therefore, the above assertion by the defendant and defense counsel is without merit.

Application of Statutes

1. Article 58 subparagraph 5 of the relevant Act and Article 30 subparagraph 8 of the Juvenile Protection Act, the selection of fines for criminal facts, and the selection of fines for negligence;

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

1. The order of provisional payment;

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