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(영문) 광주지방법원 2016.06.02 2016고정351
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who runs a dran tavern business under the trade name of “D” in the Southern Masung Group C.

The owner or employee of a business establishment prohibited from employing juveniles shall verify the age of persons who have access to the business establishment and shall prohibit juveniles from entering or using the business establishment.

Nevertheless, on August 12, 2015, the Defendant entered three juvenile E (17 taxes, female) at the above businesses around 21:08, and the summary of the evidence.

1. Partial statement of the defendant;

1. Statement of the police suspect interrogation protocol against the accused;

1. The Defendant asserts to the effect that the entry of juveniles, such as the above E, accompanied by his parents, does not constitute the entry of juveniles into a juvenile-passing establishment in violation of Article 59 Subparag. 8 and Article 29(2) of the Juvenile Protection Act, since the above D obtained permission as a singing bar, but its substance constitutes a singing practice hall.

However, according to the records, on July 25, 2015, the Defendant: (a) received a demand from F to call for friendship from F who was a guest on July 25, 2015; and (b) received a summary order of KRW 1,500,00 from the Gwangju District Court on November 11, 2015, issued a fine of KRW 1,50,000 at the time of the issuance of the said summary order; (c) the Defendant appears to fall under the category of the above D’s practice establishments with the juvenile room permitted access if accompanied by a person with parental authority, etc. under Article 29 of the Juvenile Protection Act and Article 28 of the Enforcement Decree of the same Act.

Therefore, the defendant's above assertion cannot be accepted on the premise of the premise.

Application of Statutes

1. Article 59 of the Act on the Punishment of Crimes and Article 59 of the Act on the Protection of Juveniles Eligible for the Selection of Punishment;

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