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(영문) 서울중앙지방법원 2013.07.25 2013노1841
청소년보호법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (in violation of the Juvenile Protection Act), the Defendant confirmed the resident registration certificates of the Dozers every time, and stated that H, I also proposed a private village or another person's resident registration certificates at the Defendant's business establishment. As such, the Defendant did not cause the Dozers to provide entertainment services while being aware that Dozers were minors.

B. Even if the Defendant was guilty of unreasonable sentencing, the sentence of the lower court (one month of imprisonment and two years of suspended sentence) is too unreasonable in light of the background leading to the instant crime and the present situation of the Defendant, etc.

2. Determination:

A. As to the assertion of mistake of facts, Article 26-2 subparag. 2 of the former Juvenile Protection Act (amended by Act No. 11179, Jan. 17, 2012; hereinafter the same shall apply) provides that no person shall allow a juvenile to provide entertainment services with customers or to provide entertainment services by singing or dancing, etc. for profit-making purposes. Considering that the legislative purport of the above Act is to protect juveniles from various harmful environments, including harmful acts, so that juveniles can grow into a healthy character, it shall not be permitted to allow the juvenile to provide entertainment services (see Article 24(2) of the same Act; hereinafter the same shall apply); Article 20(1) of the Enforcement Decree of the same Act does not explicitly stipulate a duty to verify age as provided by Article 26-2 subparag. 2 of the former Juvenile Protection Act; however, if the legislative purport of the above Act is to enable the juvenile to provide entertainment services to juveniles; it is evident that the juvenile is an entertainment drinking or his/her employee who is a harmful business establishment or his/her employee.

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