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(영문) 서울중앙지방법원 2018.02.21 2017고합1032
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

Defendant

C shall be punished by a fine of KRW 3,000,000.

Defendant

C If the above fine is not paid, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates an entertainment center in the name of “G” on the first floor of the Seoul Special Metropolitan City FF underground.

The owner of an entertainment shop which is a juvenile harmful business establishment shall not employ a juvenile, and where he/she intends to employ an employee, he/she shall verify the age in advance with a resident registration certificate or other certificate verifying the age.

Nevertheless, on June 20, 2017, the Defendant employed a juvenile as an entertainment receptionist without confirming the age of I (V, 18 years of age) on the condition that he/she would pay 45,000 won per hour at the above entertainment entertainment station H through the head of the press office H, and had him/her provide entertainment services.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to H;

1. Each stenographic record of the victim I;

1. Notification of businesses violating the Juvenile Protection Act and subordinate statutes (G);

1. Article 58 of the relevant Act on the facts constituting an offense and Articles 58 subparagraph 4 and 29 (1) of the Act on the Protection of Juveniles who have electively sentenced to a penalty;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 30 million won; and

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply as the person selects a fine.

3. The crime of this case committed by the defendant who operates a harmful business establishment for juveniles without confirming whether the defendant is an adult, and after having the above I provide entertainment services, the crime of this case is deemed to be poor.

In addition, despite the existence of the same kind of power, the defendant committed the crime of this case, and there is a need to strictly punish the defendant in light of the legislative intent of the Juvenile Protection Act that attempts to promote the sound development of juveniles by preventing juveniles from exposing harmful environments.

Such circumstances are disadvantageous to the defendant.

However, it is favorable for the defendant to recognize and reflect the crime of this case.

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