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Defendant
All appeals filed by A and the prosecutor against the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1 was confirmed on several occasions that Defendant A was unable to think that Defendant A was a minor due to the clothes of H et al., three other persons, and the appearance of Defendant A, and that Defendant B was not a minor. However, Defendant A had no intention to employ a minor.
2) The sentence of the lower court’s improper sentencing is too unreasonable.
B. The lower court’s sentence against the Defendants by the prosecutor (two years of suspended sentence for six months of imprisonment for Defendant A; three years of suspended sentence for Defendant B; two years of suspended sentence for eight months of imprisonment for Defendant B); and two years of suspended sentence for protection observation order for the Defendants) is too unfluent and unreasonable.
2. Judgment on Defendant A’s assertion of mistake of facts
A. In light of the legislative purpose, etc. of the Juvenile Protection Act, since the employer of a harmful business establishment, such as entertainment establishments, has a very strict responsibility for not employing juveniles in the relevant business establishment for the purpose of protecting juveniles, the subject’ age should be confirmed based on the resident registration certificate or evidence with public probative value of age to the extent that the employer of an entertainment business employs employees in the relevant entertainment business establishment.
If it is doubtful that the pictures and objects on the resident registration certificates presented by the subject are different from those on the resident registration certificates, in light of the employment situation of the entertainment industry where many entertainment business operators are employed, the subject is obliged to withhold or refuse the employment of the subject until his/her age can be verified clearly by the public certification if he/she fails to comply with the age verification due to the loss of his/her identification card, etc.