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(영문) 광주지방법원 2015.04.30 2015노186
직업안정법위반등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. The lower court did not err by misapprehending the legal doctrine or by misapprehending the legal doctrine, and by misapprehending the legal doctrine, confirmed a resident registration certificate presented by M, and there was no other circumstance to suspect M as a juvenile. Therefore, it cannot be said that there was an intentional intent as to the Defendant’s employment of a juvenile to arrange for entertainment in entertainment taverns.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

Judgment

A. Legal principles or mistake of facts (1) The summary of this part of the facts charged is that no person had a juvenile drink with a customer for profit by drinking alcohol, singing, dancing, etc., or broker or broker for such an act. On May 3, 2014, the Defendant assisted the juvenile M (the 16-year-old age) to provide entertainment to the customer by drinking alcohol, singing, or dancing with the guest who found in the said business place.

(2) In light of the legislative purpose of the Act on the Protection of Juveniles, in light of the relevant legal principles and the legislative purpose of the Act on the Protection of Juveniles, the proprietor of a business establishment harmful to juveniles, such as entertainment tavern, shall not employ juveniles for the purpose of protecting juveniles. Thus, when the proprietor of an entertainment drinking house employs employees to the relevant entertainment business establishment, he/she shall verify the age of the subject based on his/her resident registration certificate or other evidence of public probative value equivalent to that of his/her age, and if it is doubtful that the photograph and the real objects presented by the subject are different, the juvenile is able to conceal his/her identity and age and engage in employment at the entertainment business establishment in detail, in light of the employment situation vulnerable to the entertainment business.

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