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(영문) 광주고등법원 2016.05.03 2015노590
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A was not aware of the fact that Defendant A was a juvenile at the time when I and J worked in the H’s key room.

2) Defendant B was only responsible for cleaning, organizing, etc. of the above key room, and thus, the crime of this case was committed. (B) The sentence of the crime of this case, which was committed by the lower court, is too unreasonable. The each sentence (Defendant A: 4 years of imprisonment, additional collection, 40 hours of order to complete a course, 3 years and six months of imprisonment, and 40 hours of order to complete a course) that the lower court sentenced the Defendants.

2. Determination

A. 1) In light of the legislative purpose of the Juvenile Protection Act, etc., Defendant A’s assertion of mistake of fact: (a) In light of the legislative purpose of the Juvenile Protection Act, the employer of a business establishment harmful to juveniles, such as an entertainment shop, has a very strict responsibility for not employing juveniles in the business establishment in question for the protection of juveniles; (b) so, when the owner of an entertainment shop employs employees in the relevant entertainment business establishment, he/she should verify the subject’s age based on his/her resident registration certificate or evidence with public probative value of age to the extent equivalent thereto.

If it is doubtful that the pictures and objects on the resident registration certificates presented by the subject are different from those on the resident registration certificates, in light of the employment situation of the entertainment industry where many entertainment business operators are employed, the subject is obliged to withhold or refuse the employment of the subject until his/her age can be verified clearly by public certification if it is not easy for him/her to confirm the age of the subject of employment, such as making his/her photograph and objects on his/her resident registration certificates detailed comparison, or leaving his/her address or resident registration numbers on his/her resident registration certificates open to the public.

These legal principles are sexual traffic.

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