The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.

2. The crime of this case requires a juvenile to be provided with entertainment and access to a harmful business establishment. The nature of the crime is not less than that of the crime. In particular, under the Juvenile Protection Act, the statutory punishment of the juvenile’s entertainment is limited to imprisonment for not more than 10 years. In that the defendant commits the crime of this case during the period of repeated crime, the necessity of strictly punishing the defendant is recognized.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and against his mistake; (b) the Defendant did not have the criminal history of the same kind; (c) the Defendant was employed by an employee who is not an entertainment drinking house proprietor; and (d) the Defendant’s act of allowing juveniles to enter a harmful business establishment, which does not seem to have had the intention to employ juveniles in the said entertainment drinking house or to use them for entertainment; and (d) there are some circumstances to take into account the circumstances leading to the instant crime; and (e) the equity of sentencing with the same or similar incidents, as well as various sentencing conditions in the records and arguments, such as the Defendant’s age, character and conduct, family environment, and circumstances after the crime

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of each judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Juveniles under Article 49-3 and subparagraph 2 of Article 26-2 of the former Juvenile Protection Act (wholly amended by Act No. 11048, Sep. 15, 201) that is applicable to the relevant criminal facts and the choice of punishment.