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(영문) 대구지방법원 2016.11.18 2016고합352
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is running a singing practice room in the Glang-gun C of the Glangbuk-gun.

Any karaoke machine business operator shall not allow juveniles to enter a karaoke machine from 10:00 p.m. to 09:00 of the following day, nor sell or provide alcoholic beverages, and no one shall sell, rent, distribute, or provide for free juveniles alcoholic beverages which are harmful drugs to juveniles.

Nevertheless, around 05:52 on April 29, 2016, the Defendant entered the said singing practice room, namely, E (n, 17 years of age), F (n, 17 years of age), G (n, 16 years of age), and sold 4 years of disease to them at KRW 16,00.

As a result, the Defendant violated the obligations of karaoke machine business operators, and sold alcoholic beverages that are harmful to juveniles to juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. A suspect interrogation protocol of H by the prosecution;

1. Application of the respective police protocol of statement to F, G, I, and J

1. Article 34 (3) 2, Article 22 (1) 2 (a) of the Act on the Promotion of Music Industry for Criminal Facts; Article 34 (3) 2, and Article 22 (1) 3 (a) of the Music Industry Promotion Act; Article 59 subparagraph 6 of the Juvenile Protection Act; Article 28 (1) of the Juvenile Protection Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishment on crimes of violating the Music Industry Promotion Act due to Sale of alcoholic beverages, between crimes of violating the Juvenile Protection Act, and punishment on crimes of violating the Juvenile Protection Act with heavier punishment);

1. Selection of each alternative fine for punishment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the Defendant, while operating a singing practice room, had the juveniles enter and sell alcoholic beverages to them during a period other than permitted hours of entry.

Defendant.

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