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(영문) 제주지방법원 2016.09.12 2016고정78
청소년보호법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

No one shall sell, lend, distribute, or provide free of charge, drugs, etc. harmful to juveniles, and the owner of a business establishment prohibited from employing juveniles shall verify the age of persons who have access to the business establishment and prohibit juveniles from having access to the business establishment.

Nevertheless, from October 28, 2015 to around 06:30, the Defendant entered “D” entertainment establishments operated by the Defendant in Jeju-si from around 03:00 to around 06:30, without confirming the age of “D” entertainment establishments operated by the Defendant, and sold the amount of KRW 75,000,000, such as “D” entertainment establishments, which are harmful to juveniles.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A criminal investigation report (including contents in conversations with E by a witness);

1. Investigation report (29 pages for investigation records);

1. Receipts:

1. Application of Acts and subordinate statutes to the abstract of resident registration;

1. Relevant legal provisions concerning facts constituting an offense, Article 59 Subparag. 6 of the former Juvenile Protection Act (Amended by Act No. 14067, Mar. 2, 2016; hereinafter the same shall apply), Article 28 Subparag. 1 of the same Act (amended by Act No. 14067, Mar. 2, 2016); Article 59 Subparag. 8 of the former Juvenile Protection Act (amended by Act No. 14067, Mar. 8, 201); Article 29 Subparag. 2 of the same Act

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant partially denied the instant crime and does not repent his mistake; (b) the Defendant has no record of having committed the same kind of crime in the past; (c) the Defendant has been sentenced to a suspended sentence of imprisonment with labor for a term of one year due to a violation of the Food Sanitation Act and the Prevention of Prostitution, etc.; (d) the Defendant has been sentenced to a suspended sentence of two years; and (e) the amount of punishment in a similar case, both the Defendant’s age, sex, environment, circumstances after the commission of the crime, and other various conditions of sentencing as shown in the argument of the instant case, are considered to be excessive.

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