(영문) 부산지방법원 2013.07.25 2013고정1072

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자간(%)

(영문) 부산지방법원 2013.07.25 2013고정1072

청소년보호법위반

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who runs the telecom business with the trade name D in Busan-gu C.

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, around November 08, 2012, the Defendant did not confirm the status of E and JuvenileF (n, the age of 14), which entered the telecom to get a guest from the DNA telecom operated by the Defendant, without confirming the status of E and JuvenileF (n, the age of 14). The Defendant received 40,000 won, and provided 602 kis and kis under 602.

Summary of Evidence

1. Results of a CCTV CD reproduction;

1. A written statement of F and E;

1. Reporting on detection of business entities in violation of laws;

1. The defendant and his defense counsel asserted that the defendant's business report certificate and his defense counsel's argument did not constitute a mixed accommodation because the long-term guests at the time of the instant case were in front of the carter and the defendant could not see F, so there was no intention to commit the instant crime, and E and F only stayed about about 22 minutes at the motherel operated by the defendant and did not do so.

The subjective elements of crime, such as criminal intent, should be proved by indirect facts based on the empirical rule unless the defendant makes a confession.

According to the evidence duly admitted and duly examined by E and F, approximately seven guests were in front of the instant telecomter at the time of entering the telecom operated by the Defendant, but at the time of the Defendant’s request of the Defendant, the Defendant’s statement that he could not be seen as F is difficult to believe that the Defendant’s guest was in front of the instant telecomter. However, the Defendant’s statement that he could not be seen as F was in the front of the instant telecomter.

In addition, whether a person engaged in a hotel business is accompanied by a guest.

유사 판례

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