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(영문) 광주지방법원 순천지원 2018.11.15 2018고단1247
청소년보호법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that a person in charge of overall management of “Dless persons” in the case of female-surbing, who is a person in charge of general management, may not allow male and female juveniles to sleep together with the juvenile.

Nevertheless, on April 24, 2018, from around 00:00 to 04:00 on the same day, the Defendant provided a place for male and female marriage with a juvenile E (n, 15 years of age), F (n, 16 years of age), G (n, and 16 years of age) to the guest room 209.

2. 1) In a case where there are circumstances to suspect that a person running a lodging business of the relevant legal principles is a juvenile on the outer appearance and habition of the person intending to be a sexual intercourse, etc., he/she shall be allowed to do so only if it is confirmed by his/her identification card or any other reliable method, and only if it is confirmed that a juvenile is not a juvenile, he/she shall be allowed to do so. If it was allowed to do so without confirmation at least without doing so, there is an incomplete intention on the sexual intercourse.

In light of the above legal principles, in order to recognize the Defendant’s willful negligence in relation to the instant her sexual intercourse, the Defendant should have been aware of the fact that a specific person who is likely to be suspected as a juvenile in the instant her sexual intercourse intends to have a sexual intercourse, or that he/she is able to have a sexual intercourse. In light of the above legal principles, the Defendant should have been aware of the fact that the Defendant, who manages the instant her sexual intercourse, attempted to have a specific person suspected of being a juvenile in the instant her sexual intercourse, or that he/she is her sexual intercourse.

2) In other words, the following circumstances acknowledged by the record of the judgment, namely, ① the Defendant, from an investigative agency to this court, operated the instant telecom with the so-called unmanned telecom method through which guests can immediately enter the guest room when they make payments using the unmanned settlement system without going through accommodations or their employees, and the Defendant, a juvenile, E, F, and G, was able to do so at the time when he was accommodated in the instant telecom, and he was able to do so.

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