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(영문) 서울중앙지방법원 2018.06.20 2017고정3615
청소년보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is an employee of "D main office", which is a business establishment banned from access by and employment of juveniles, as an entertainment main office.

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

On February 10, 2017, at around 01:30, the Defendant presented another person’s identification card (17 years old) and G (16 years old) stored in a mobile phone by presenting another person’s identification card in the entrance door, which is an entertainment center located in Seocho-gu Seoul Metropolitan Government, the Defendant directly confirmed his/her identification card and entered the said establishment without verifying his/her age.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. A protocol concerning the examination of a suspect of the police against F or G;

1. Application of Acts and subordinate statutes to identification cards and photographs used by the Fund or G;

1. Article 59 Subparag. 8 and Article 29 Subparag. 2 of the Juvenile Protection Act, the choice of fines for criminal facts, and the selection of fines for negligence;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and the defense counsel under Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e., Supreme Court Decision 2007Da1548, Apr. 2, 2007); Article 59(1) of the suspended sentence (see, e.g., Supreme Court Decision 2008Da1548

1. The Defendant confirmed the age of the Defendant, at H’s request and at the I’s instruction, by photographing the identification card of F and G (hereinafter “F, etc.”) instead of the original identification card. The Defendant: (a) misleads a minor as an adult and made access to the instant club; and (b) did not have intention or negligence.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the Defendant’s access even if the F and G were minors.

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