beta
(영문) 수원지방법원 2018.12.13 2018고정1683

청소년보호법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant with the trade name of “C” in Yeongdeungpo-gu, Suwon-si.

No one shall sell alcoholic beverages that are harmful to juveniles or provide them free of charge to juveniles.

Nevertheless, at around 18:00 on July 26, 2018, the Defendant sold to 4 juveniles D(17 tax), E(17 tax), F(17 tax), G(17 tax), and so on, three harmful drugs, such as juvenile D(17 tax), D(17 tax) and D(17 tax). From 8 table, the Defendant sold three harmful drugs, such as juvenile H(17 tax), I(17 tax), and J(18 tax) and three alcoholic beverages, which are harmful drugs.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of each of the D and six other;

1. A report on internal investigation:

1. Application of the business report certificate, on-site photographs, and receipt-related Acts and subordinate statutes;

1. Article 59 of the relevant Act and Articles 59 subparagraph 6 and 28 (1) of the Juvenile Protection Act, the selection of fines for criminal facts, and the selection of fines;

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

1. In light of the legislative purport of the Juvenile Protection Act (hereinafter “Juvenile Protection Act”) to protect juveniles with the reason for sentencing under Article 334(1) of the Criminal Procedure Act from a harmful environment in order to grow up into a person with sound character, the liability of the accused who sold alcoholic beverages to juveniles is somewhat minor in light of the legislative purport of the said Act;

subsection (b) of this section.

In light of the content of 112 declarations and the fact that two tables or crackdowns were conducted simultaneously, the Defendant appears not to have exercised full care as to whether a customer who ordered alcohol is a juvenile, and up to seven water supply for juveniles who sold alcohol.

However, in consideration of all kinds of sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, the punishment shall be determined like the order, in consideration of the fact that the defendant recognizes his/her actual conditions, reflects his/her behavior, and prevents recurrence, there are no criminal records of the same kind.