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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. In light of various circumstances acknowledged by the summary of the grounds for appeal, it can be sufficiently recognized that the defendant was aware that he would employ a minor at the time of employing E, but the court below acquitted the defendant of the facts charged in this case, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.
2. In light of the following circumstances acknowledged by the lower court and the first instance court’s duly admitted and investigated evidence, it is determined that the Defendant was aware that he would employ a minor at the time of employing E.
Therefore, prosecutor's argument is justified. A.
On April 26, 2012, the Defendant made a statement to the effect that “E at the time of employment, at which E was employed, did not verify E’s identification card” (the fourth page of the evidence record), and that “E was working on a daily basis at the Defendant’s main point, even a minor,” on the same day.
(No. 6 pages of evidence).
The Defendant acknowledged all the facts charged in the instant case when it was in the trial.
3. Accordingly, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Punishment of the crime
The owner of a business establishment harmful to juveniles shall, when he/she intends to employ an employee, verify his/her age, and shall not employ a juvenile.
Nevertheless, during the period from October 201 to April 26, 2012, the Defendant, at the main point of "D" located on the 1st floor in Changwon-si, Changwon-si, Changwon-si, the said main point was an alcoholic beverage house called 'furbol electric vehicle', which is called 'furbol electric vehicle' to sell alcohol and alcohol to adults, but it was a business establishment that sells alcohol and alcohol to adults, but it was employed as an employee of the said main point on the condition that 4,500 won per hour is paid.
(i) the evidence;