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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the violation of the Juvenile Protection Act among the judgment of the court below on mistake of facts (the defendant), the court below convicted the defendant even though the defendant did not directly verify the age E, but did not confirm the age E through the news release release room business owner M, thereby performing his duty to verify the age of E as the business owner of a business establishment prohibited from allowing access to juveniles, and the court below erred in the misapprehension of facts, which affected the conclusion of the judgment.
B. In light of the various sentencing conditions in the instant case, the lower court’s punishment (a fine of three million won) is too heavy or (a defendant), and (b) it is unreasonable to conduct an examination.
2. In light of the legislative purpose of the Juvenile Protection Act regarding the assertion of mistake of facts, the proprietor of a business establishment harmful to juveniles such as entertainment tavern has a very strict responsibility for not employing juveniles in the business establishment for the protection of juveniles. As such, when the proprietor of an entertainment drinking club employs employees in the relevant entertainment business establishment, he/she shall verify the subject's age based on a resident registration certificate or other evidence with public probative value of age to the extent of age. If there is doubt that the photograph and real property on the resident registration certificate presented by the subject are different, the juvenile is obliged to take additional age verification measures such as reducing his/her identity and age and reducing employment of the entertainment business establishment in light of the vulnerable employment conditions of the relevant entertainment business establishment.
(See Supreme Court Decision 2013Do8385 Decided September 27, 2013). The lower court revealed that the Defendant was aware that he was not a juvenile of Dominant E from Dominant E while running an entertainment tavern business.
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