Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Criminal facts

The defendant shall engage in accommodation business with the trade name "Del" in Seo-gu, Seoan-gu, Seoan City.

No person engaged in lodging business shall be allowed to engage in any business which disturbs public morals by permitting juveniles to sleep in a sexual intercourse or provide a place for such business purpose.

Nevertheless, at around 17:00 on October 16, 2013, the Defendant engaged in business conduct that disturbs public morals by allowing juveniles E (V, 17 years of age) and F (V, 18 years of age) to live together in the above 301 room.

Summary of Evidence

1. Legal statement of witness F;

1. Each police suspect interrogation protocol regarding F;

1. Application of CCTV CD-related Acts and subordinate statutes;

1. Subparagraph 5 of Article 58 and subparagraph 8 of Article 30 of the Act on the Protection of Juveniles from Crimes, the selection of fines for negligence;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1)8 of the Criminal Procedure Act provides that no one shall conduct a business which disturbs public morals or provide a place for the purpose of such business, such as having juveniles lodge a male and female life together with other persons. Considering that the legislative purport of the above Act is to protect juveniles from various harmful acts so that juveniles can grow into a healthy person of character, the phrase “mam and female lodging” under the above Act is sufficient for both male and female juveniles, and that both male and female juveniles need not be identified as juveniles.

(See Supreme Court Decision 2001Do3295 Decided August 21, 2001, and Supreme Court Decision 2003Do5980 Decided December 26, 2003, etc.). Meanwhile, in a case where there are circumstances to suspect that a juvenile is a juvenile in the outer appearance, forest, etc. of a person who wishes to get male and female mixed with another person, a person who engages in a female business is male and female, only if it is confirmed by identification card or any other reliable method, and is not a juvenile.