logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2012.10.18 2012노2136
청소년보호법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant merely lent a studio in the main place to L who operates a news report room to L, the Defendant did not employ a juvenile, and even though L was unaware of the fact that L was a juvenile, the lower court found the Defendant guilty of the facts charged in the instant case as erroneous determination of facts.

B. Unless otherwise specified in the judgment of the court below, the punishment of the court below (two million won of fine) is too unreasonable.

2. Articles 50 subparagraph 2 and 24 (1) of the Juvenile Protection Act among the applicable provisions of Acts in the indictment of this case at the trial of the competent public prosecutor, Article 51 subparagraph 7 of the Juvenile Protection Act and Article 24 (2) of the Juvenile Protection Act, and Articles 51 subparagraph 7 and 24 (2) of the Juvenile Protection Act, in case where the public prosecutor intends to employ the employees who run establishments harmful to juveniles

Nevertheless, on June 14, 2011, the Defendant, at around 23:20 on June 14, 2011, employed juvenile E (n, 18 years old), F (n, 18 years old), G (n, 17 years old), H (n, 17 years old), I (n, 16 years old), and I (n, 16 years old) as G.

In Busan, the Defendant is a person who operates an entertainment drinking house, which is a business establishment that prohibits juveniles from having access to and is prohibited from employment, with the trade name of “D entertainment drinking club” in Nam-gu.

The owner or employee of a business establishment banned from allowing access by and employing juveniles shall verify the age of access persons and shall not allow juveniles to access or use the relevant business establishment.

Nevertheless, on June 14, 2011, the Defendant, at around 23:20 on June 14, 2011, allowed the said establishments to enter without verifying the age of E (n, 18 years of age), F (n, 18 years of age), G (n, 17 years of age), H (n, 17 years of age), and I (n, 16 years of age).

In this regard, the judgment of the court below is no longer maintained because it applied for changes to the bill of amendment, and this court permitted the changes to the subject, and therefore the judgment of the court below is no longer possible.

arrow