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(영문) 울산지방법원 2012.06.08 2012고합145
준강간미수등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The owner of a business establishment harmful to juveniles shall, in case where he intends to employ the workers, confirm their ages, and shall not employ the juveniles;

Nevertheless, from February 2, 2012 to April 22, 2012, the Defendant employed a business establishment harmful to juveniles, which is an entertainment drinking house operated by the Defendant located in Ulsan-gun, Ulsan-gun, as an employee, without verifying the age of “Eju”, as an entertainment drinking house operated by the Defendant.

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

Nevertheless, on April 22, 2012, at around 01:00, the Defendant entered a business establishment which is an entertainment drinking house, such as Paragraph 1, without verifying the age of Ga(17 years of age) and one other.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement concerning G and F;

1. Application of Acts and subordinate statutes to a control report on public morals and business offices, and each investigation report (the detection of public morals business places and current status of Enonobs;

1. Relevant legal provisions concerning facts constituting an offense, Article 59 subparagraph 8 of the Juvenile Protection Act, Article 29 (2) of the Juvenile Protection Act (which permits access to establishments harmful to juveniles), Article 58 subparagraph 4 of the Juvenile Protection Act, Article 29 (1) of the Juvenile Protection Act (which employs establishments banned from employing juveniles), and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with the punishment prescribed in the Juvenile Protection Act concerning employment of juvenile harmful business establishments with heavy punishment);

1. The reasons for sentencing under Articles 70 and 69(2) of the Criminal Act for the detention in the workhouse are as follows: (a) the instant case does not simply confirm whether the Defendant is a juvenile while operating the main place and does not look at whether the Defendant is a juvenile; and (b) allowing or employing the juveniles aged 17-18 to the main place; and (c) the Defendant also enjoys entertainment by drinking alcohol with the juveniles.

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