logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2013.04.12 2012고정3140
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates an entertainment drinking club under the trade name of "Yeong-gu, Incheon."

The owner or employee of a business establishment subject to prohibition of access by and employment of juveniles shall verify the age of access persons and shall prohibit juveniles from entering or using the relevant business establishment.

Nevertheless, at around 03:00 on January 21, 2012, the Defendant had access to an entertainment drinking house without verifying the age of D(n, 16 years of age) as a juvenile.

Summary of Evidence

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes of each police interrogation protocol concerning D;

1. Article 51 Subparag. 7 of the Juvenile Protection Act and Articles 24 (2) of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that the defendant's main points arrive, found D, confirmed D, and asked that it is not a minor because it is not a minor, and that D had been unaware of whether he was a juvenile or not.

In light of the legislative intent of the Juvenile Protection Act, in order to protect juveniles, the employers and employees of establishments banned from accessing juveniles are given a very strict responsibility not to admit juveniles to such establishments for the purpose of protecting juveniles.

As such, the owner or employee of a business establishment prohibited from allowing access to juveniles shall verify the age of the person subject to access based on resident registration certificates or evidence of public probative value of age to the age group that is likely to be a juvenile unless there are circumstances where it is objectively difficult to doubt the person subject to access as a juvenile, and if the business owner or employee violates his/her duty to verify the age and fails to take any measures to confirm the age of the juvenile, then the juvenile enters the business establishment.

arrow