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(영문) 광주지방법원 2013.05.01 2012노2424
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On November 2010, the Defendant did not cause R, a juvenile, to enter into a singing practice room operated by himself/herself, and even if so, there was such fact.

Even if the R did not know that it was a juvenile, the lower court erred by misapprehending the fact that the R was guilty.

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

2. Determination

A. 1) Determination of mistake of facts is based on the evidence duly adopted and examined by the court below as to whether R was engaged in a singing practice room in U.S., namely, the following circumstances acknowledged by the court below: (a) not only consistently stated by the investigative agency but also by specifying the administrative district in which the singing practice room is located and its trade name in the process of the above statement, and the credibility of the statement seems to exist; (b) At the investigative agency’s “IJ operated a singing practice room from November 1, 2010 to the KON practice room, and worked as a female employee; (c) in light of the fact that the KON practice room’s communication with the above news practice room as a call from the said news practice room, the KJ provided the said female employee to that singing practice room; and (d) in light of the fact that the KON’s communication with the above news practice room as seen in the facts charged, it can be sufficiently acknowledged that the Defendant had an intent to provide the said news practice to the said customer with the above news practice as one of the instant news practice establishments for profit-making.

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