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(영문) 춘천지방법원 강릉지원 2013.09.25 2012고정368
청소년보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

In the East Sea, the Defendant is a person who is engaged in accommodation business with the trade name “Del” in the East Sea.

Any person engaged in such lodging business shall be prohibited from doing any business that disturbs public morals, such as having juveniles lived with sexual intercourses, or providing a place for such purpose.

Nevertheless, on April 21, 2012, from around 22:30 to around 03:18 the following day, the Defendant committed a business act that disturbs public morals by allowing eight juvenile E (18 years old, south), F (17 years old, female), etc. in the above 102 room.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Each written statement of E and G preparation;

1. Application of statutes to a copy of a business report;

1. Relevant Article of the Act on Criminal Facts and subparagraph 5 of Article 58 and subparagraph 8 of Article 30 of the Protection of Juveniles Eligible for the Selection of Punishment;

1. Penalty fine of KRW 1,000,000 to be suspended;

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

1. Determination as to the Defendant and defense counsel’s assertion under Article 59(1) of the Criminal Act (the sentence shall be suspended in light of the fact that the Defendant, without confirming the identity of the juvenile E, she is a juvenile, she is wrong, or that the Defendant has no criminal power, and that the present health status is not very good) of the suspended sentence

1. The gist of the assertion is that the Defendant did not confirm the age of E, but it is consistent with the fact that E, who paid accommodation expenses, was a student of H University in the past and presented the resident registration certificate that became a student of H University in 192, that E, etc. was unaware of the fact that it was a juvenile, and female students did not enter the same. It was merely that the Defendant heard the sound from No. 102, and allowed female students to go in the telecom, such as E.

2. Determination

A. The phrase “sex marriage” prohibited by the Juvenile Protection Act is a juvenile from the viewpoint of one of the men and women.

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