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(영문) 대전지방법원 2015.09.17 2014고단3515
청소년보호법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 13, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Music Industry Promotion Act at the Daejeon District Court on June 201, and the judgment became final and conclusive on May 30, 2014.

The Defendant is a person who operates a mutual ran tavern with a trade name “M” on the Seo-gu L and 1st underground level in Daejeon-gu.

No one shall, for the purpose of profit-making, have juveniles drink with customers, provide entertainment services by singing, dancing, etc., or mediate or mediate such acts, and no person shall drink alcoholic beverages with customers, provide entertainment services to customers in a place where food service business is operated for the purpose of profit-making, or arrange such acts to provide entertainment to customers, or mediate such acts to other persons.

Nevertheless, on April 24, 2014, from around 05:00 to around 07:50 on the same day, the Defendant arranged entertainment activities by having juveniles N, 16 years of age, O (n, 18 years of age) and contact P, other than juveniles, (n, 18 years of age) together with customers under his/her name, drink and dance with customers.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of statement aboutO and P;

1. P,O, and N's own alcoholic beverage;

1. Control note;

1. Scenic photographs;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (No. 12 of the evidence list), and application of Acts and subordinate statutes of the judgment (No. 17 of the evidence list);

1. Relevant legal provisions concerning facts constituting an offense, Articles 56 and 30 subparag. 2 of the Juvenile Protection Act (a point of mediating juveniles' entertainment), and Articles 98 subparag. 1 and 44(3) of the Food Sanitation Act (a point of mediating juveniles' entertainment and choice of imprisonment);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. From among concurrent crimes, the crimes committed by the accused for the reasons of sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act are not good, such as having the juveniles receive entertainment, and the accused cracks down.

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