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(영문) 대전지방법원 2015.07.16 2015노800
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (fact-finding) requested the defendant to present identification cards to E (15 years of age) and F (15 years of age) who had been a guest on the entertainment tavern operated by the defendant at the time of the instant case. However, G (30 years of age) who had been a game at the time of the instant case stated that "I will live together with a person's own will, because I would be fine because I would go against him." Thus, the court below found the defendant guilty of the facts charged in the instant case even though the defendant had taken measures to confirm the age of the person who was a business owner, which affected the conclusion of the judgment by misunderstanding the facts.

2. 1) In light of the legislative intent of the Juvenile Protection Act, the employers and employees of establishments banned from entering into and departing from the said establishments are highly liable for not allowing juveniles to enter such establishments for the purpose of protecting juveniles. Thus, the employers and employees of establishments banned from entering and departing from the establishment must verify the age of juveniles based on resident registration certificates or other evidence of public probative value to the degree of age (see, e.g., Supreme Court Decisions 93Do2914, Jan. 14, 1994; 2002Do2425, Jun. 28, 2002; 2002Do2425, Jun. 20, 2002; 200Do3144, Jul. 27, 2007; 2007Do3144, Jun. 27, 2007).

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