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(영문) 광주지방법원 순천지원 2017.01.25 2016고정178
청소년보호법위반
Text

The defendant shall be innocent.

Reasons

1. No person who is a summary of the facts charged shall engage in any business which disturbs public morals by permitting male and female juveniles to sleep together with them, or provide a place for such business purposes;

On August 26, 2015, the Defendant received accommodation charges from youth E (18 tax) and F (13 years of age) at the DNA conference operated by the Defendant at the time of Manyang-si on August 26, 2015, and let the said youth lodge together with the above youth.

2. The defendant and his defense counsel asserted that G was not aware of the fact that the defendant and his defense counsel had entered the guest room only when G was used for the purpose of lending the room (107 No. 107) by telephone, and the defendant and his defense counsel did not know that E and F entered the guest room.

The argument is asserted.

3. 1) The prosecutor bears the burden of proving the facts charged in a criminal trial. The finding of guilt must be based on evidence with probative value sufficient to judge that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is any doubt as to the defendant's guilt, it is inevitable to determine it as the defendant's interest (see Supreme Court Decisions 2002Do6110, Feb. 11, 2003; 2005Do2342, Jun. 24, 2005). According to the evidence submitted by the prosecutor, EF was mixed with the above DNA, and EF was deemed to be 18 years of age and 13 years of age at the time, but it is recognized that the EF was 13 years of age, and this court did not have any evidence to prove that there is a lack of sufficient evidence to prove that the above defendant's sexual intercourse was well-founded by considering the following evidence duly adopted and investigated by the prosecutor.

① At this Court, G asks the Defendant at the time of lending H instead of using the room and asking the phone to “the use of male and female living together is necessary” and “the Defendant has two emptys.”

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