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(영문) 서울서부지방법원 2014.12.09 2014고정1217
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates entertainment bars under the trade name of Eunpyeong-gu Seoul Metropolitan Government “D”.

The owner of a business establishment harmful to juveniles shall not employ a juvenile, and the owner of a business establishment harmful to juveniles shall verify the age of the juvenile in advance when he/she intends to employ the employee.

Nevertheless, from September 15, 2013 to September 30, 2013, the Defendant employed juveniles E (nives, 18 years of age) at the said business establishment, and provided customers with entertainment services, such as drinking and singing together with them, on condition that they provide 30,000 won per hour. From September 26, 2013 to September 30, 2013, the Defendant employed juveniles FF (nives, 17 years of age) to provide customers with entertainment services, such as drinking and singing together with them.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E;

1. Application of statutes governing enforcement manuals;

1. Relevant Article 58 of the Juvenile Protection Act and Articles 58 subparagraph 4 and 29 (1) of the same Act concerning criminal facts and the selection of fines;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserted that, at the time of determining the Defendant’s assertion, E and F, a juvenile, presented another’s resident registration certificate to the adult, and they believed and employed to have been adult, the Defendant did not have any intention to commit the violation

However, according to the testimony of E and F, it is difficult to see that the defendant obtained a resident registration certificate at the time of employment and confirmed his age, and even if the above youth presented another person's resident registration certificate to the defendant, it should be deemed that the defendant had doluence at least, in light of the following circumstances, as to the fact that the defendant employed a juvenile E, etc. and let him/her receive a entertainment drinking house.

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