A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, five days shall apply.

Punishment of the crime

The defendant is a person who operates a inn business with the trade name of "B Hosel" in 1,00.

No one shall engage in any business activity that disturbs public morals, such as making male and female juveniles lodge together, or provide a place for such business activity.

Nevertheless, the Defendant from around 16:00 on April 2, 2018 to the same month.

3. 03:08경까지 위 'B 호스텔'의 포시즌룸 객실에 청소년인 C(남, 17세), D(여, 17세)을 함께 투숙케 함으로써 청소년에 대하여 이성혼숙의 장소를 제공하는 행위를 하였다.

Summary of Evidence

1. Application of statutes on the legal statement C by the witness of the defendant's partial statement;

1. Article 58 of the Juvenile Protection Act applicable to the relevant criminal facts, the selection of penalties, and the selection of fines under subparagraph 5 of Article 58 of the Juvenile Protection Act;

1. Articles 70(1) and 69(2) of the Criminal Act (amount of money to be converted to a kindergarten: 100,000 won per day);

1. Summary of the defendant's assertion of Article 334 (1) of the Criminal Procedure Act concerning the provisional payment order

A. The Defendant had gone through the process of confirming whether C et al. was an adult on the reservation website called “E”, and was not aware of the fact that C et al. was a university student.

B. Since C et al. is aware of the fact that he/she was the former minor by mixing them with each other, such act does not constitute “solitary accommodation” or “an act disturbing public morals” under Article 30 Subparag. 8 of the Juvenile Protection Act.

2. Determination

A. 1) As to the Defendant’s assertion that there was no intention on the “minor’s sexual intercourse, etc.”, in a case where there are circumstances to suspect that the Defendant was a juvenile on the outer appearance, habitation, shots, etc. of the persons intending to have sexual intercourse, the Defendant is obliged to allow sexual intercourse only when confirming whether the Defendant was a juvenile by means of his/her identification card or by any other reliable method and confirming that he/she was not a juvenile (see Supreme Court Decisions 2002Do4282, Oct. 8, 2002; 20 August 20, 2009).