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(영문) 대전지방법원 천안지원 2017.05.11 2017고정239

청소년보호법위반

Text

The sentence of imprisonment shall be suspended against the defendant.

Reasons

Punishment of the crime

The defendant operated a general restaurant under the trade name of "C" on the north-gu B and the second floor in the Yanananan-si, Seoan-gu, Seoan-gu, and employed D as an employee of the above restaurant.

No alcoholic beverages that are harmful to juveniles shall be sold to juveniles.

On December 20, 2014, the Defendant sold alcoholic beverages harmful to juveniles, such as juvenile E ( South Korea, 17 years old), F ( South, 18 years old), G ( South, 18 years old), H (n, 17 years old), I (n, 18 years old), and I (n, 18 years old) in a general restaurant of “C”, where D, an employee of the Defendant, was found to be a guest, without confirming the age.

As such, the Defendant had his employee D, who was employed, commit such an act of violation in connection with his duties.

Summary of Evidence

1. Statement by the defendant in court;

1. The self-examination protocol (D);

1. Each statement protocol (E, F, G, and H);

1. Application of statutes on site photographs;

1. Article 62 of the relevant Act and Articles 59 and 28 (1) of the Juvenile Protection Act, the selection of fines for criminal facts, and the selection of fines for selective punishment;

1. Fine of 500,000 won which is suspended for a sentence; and

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (a juvenile recorded in the crime) stated in the investigation process that “E, a juvenile recorded in the criminal facts, presented another person’s identification card before and on the date and time stated in the criminal facts, did not examine whether he was a juvenile or not,” and H actually displayed his resident registration certificate under the name of pro-Japanese upon request of D to present his identification card.

In addition, all of the juveniles stated in the criminal facts are the nearest age to the majority.

At the beginning of this case, the prosecutor took a disposition that there is no suspicion against the prosecutor, and re-guilty and indicted by the High Prosecutors' Office. After re-up, only the unilateral recording of the criminal facts against the juveniles was reinforced as evidence during the investigation process.

After that, at the time of the investigation, the statements of the juveniles shall be 1 year and 6 months from the date on which the facts constituting the crime are recorded.