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(영문) 서울남부지방법원 2015.12.23 2015고합439
청소년보호법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. Defendant A is the business owner of EM in Seodaemun-gu Seoul Metropolitan Government D.

No one shall engage in any business activity that disturbs public morals, such as making male and female juveniles lodge together, or provide a place for such business activity.

Nevertheless, around 04:46 August 9, 2015, the Defendant engaged in a business activity that disturbs public morals by making the “F(18 years of age)” and “F(16 years of age)” as well as “W(16 years of age)” as well as “F(18 years of age).”

2. Defendant B is the owner of the IMoel located in Guro-gu Seoul Metropolitan Government H.

No one shall engage in any business activity that disturbs public morals, such as making male and female juveniles lodge together, or provide a place for such business activity.

Nevertheless, at around 10:49 on August 9, 2015, the Defendant, along with J and Juvenile G (Woo, 16 years of age) at the above Iel, engaged in a business which disturbs public morals by mixing themselves in the above Ielel room.

Summary of Evidence

[Judgment of the court below]

1. Defendant A’s legal statement

1. Each police statement concerning G;

1. Investigation report (suspect F and the victim's body specified) and photographs attached thereto (Evidence Nos. 10);

1. Photographs (No. 15 of the evidence list), business report certificate, etc. (Evidence No. 16 of the evidence list) after the closure of a course;

1. Defendant B’s legal statement

1. Examination protocol of suspect against J by prosecution;

1. Each police statement concerning G;

1. Reports on internal investigation (specific cases where theJ and the injured party are involved) and photographs attached thereto (Evidence Nos. 6);

1. Application of Acts and subordinate statutes, such as business notification certificates (Evidence No. 12);

1. Article 58 subparagraph 5 of the Protection of Juveniles Act and subparagraph 8 of Article 30 of the same Act concerning the selection of applicable laws and punishment for facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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