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(영문) 서울중앙지방법원 2017.08.29 2017고정1745
청소년보호법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The owner or an employee of a business establishment prohibited from allowing access by and employing juveniles violating the Juvenile Protection Act shall verify the age of access persons and shall prohibit juveniles from entering the business establishment;

On September 4, 2016, at around 04:3, the Defendant had access without verifying the age of D(16), E(16) and F(16) in a singing practice place, which is a business establishment banned from allowing juveniles to enter and depart from the name of “Csing practice place” operated by the Defendant located in Jung-gu Seoul Metropolitan Government, Jung-gu.

2. No person who violates the Juvenile Protection Act and the Music Industry Promotion Act shall sell, lend, or distribute to juveniles drugs, etc. harmful to juveniles, or provide them with such drugs, etc. free of charge, while no singing practice room business operator shall sell or provide alcoholic beverages to juveniles;

The Defendant sold alcoholic beverages, such as liquor, beer, etc., which is harmful to juveniles, to juveniles, at the same time and place as paragraph (1).

3. No sing practice room business operator who violates the Music Industry Promotion Act shall employ any entertainment loan or offer any good offices for such loan;

The Defendant employed two contact loans with which the name is unknown at the same time and place as that of paragraph (1) and had them drink, singing together with the foregoing D, E, F, and G, and encourage them to provide entertainment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to D, E, F, and G;

1. Application of Acts and subordinate statutes to an individual approval statement, a written confirmation of personal sales transaction, and a certificate of registration of singing practice place;

1. Article 59 Subparag. 8 of the relevant Act and Articles 29 Subparag. 29(2) of the Act on the Protection of Juveniles from which a punishment is selected for a crime; Article 59 Subparag. 6 of the Juvenile Protection Act and Article 28(1) (a) of the same Act; Article 34(3)2 and Article 22(1)3 (a) of the Music Industry Promotion Act; Articles 34(2) and 22(1)4 (a) of the Music Industry Promotion Act; Article 34(2) and 22(1)4 (a) of the Music Industry Promotion Act (a point of sales) for each fine;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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