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(영문) 부산지방법원 2014.01.16 2013노1970
청소년보호법위반
Text

The judgment below

The part against the Defendants is reversed.

The sentence of each sentence against the Defendants shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. Defendant C (i) misunderstanding of facts did not have employed Defendant C, a juvenile, as an entertainment receptionist, and the above M was merely placed in the main points run by the Defendant on a voluntary basis by Q or N, which was a guest at the time, but on a different premise, the lower court, which recognized the Defendant’s violation of the Juvenile Protection Act, erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

Dob. The sentence of the lower court on unreasonable sentencing (2 million won of fine) is too unreasonable.

B. Defendant B, D, E, F, G, and H’s sentence (Defendant D: fine of one million won, Defendant B, E, F, G, and H: fine of one million won) is too unreasonable.

2. Determination

A. We examine Defendant C’s assertion of mistake of facts, i.e., the following circumstances revealed by the evidence duly adopted and investigated by the court below, i.e., GaG’s call details operated by the said Defendant: (i) it is confirmed that the said Defendant had several calls from the news release room business owner (AM) around February through March 2, 2012; (ii) the said Defendant had two calls from P on March 12, 2012, on the day of the instant case; (iii) on the day of the instant case, M (NN’s name is “AG”); (iv) on the day of the instant case’s place of business, M (NN’s name is hereinafter referred to as “AG”); (v) on the day of the instant case’s place of business, stated that the said Defendant had attempted to pay KRW 1050,000 in the said “G”; and (v) on the day of the instant case’s place of business, the said Defendant stated the amount of KRW 600,00,0,000.

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