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(영문) 인천지방법원 2017.01.13 2016고정2212

청소년보호법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

No one shall sell drugs, etc. harmful to juveniles to juveniles.

Nevertheless, around 22:00 on May 8, 2016, the Defendant sold 2 bottled alcoholic beverages, which are juvenile harmful drugs, from “E” restaurant where the Defendant, in Yeonsu-gu Incheon Metropolitan City D, worked as a father, to “E” restaurant.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and F;

1. Application of Acts and subordinate statutes to detection and report of violations;

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. The Defendant’s assertion as to the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act: (a) at the time, the Defendant: (b) the fire-fighting officer H, who had taken the part in the instant restaurant, was flusent with the juvenile F while drinking the part in the instant restaurant; (c) the Defendant stated to the effect that “F,” the Defendant’s defect in inspecting the identification card to F, “F, is, and is, 20 tons; and (d) at the time, it was difficult for the Defendant to think that F was a juvenile; and (e) the Defendant provided the part of the lawsuit to the adult He at the time of the instant restaurant and calculated it in advance by H, other than F, the Defendant asserted to the effect that it constitutes a case where he sold the alcohol to an adult who was not a minor.

However, if a juvenile, including a juvenile, issued an order of alcohol on the restaurant, and a juvenile sells alcohol to the juvenile in a situation where it is anticipated that he/she will drink together with his/her daily alcohol, and the juvenile actually drinks together with his/her daily alcohol, it constitutes a "act of selling alcohol to the juvenile" under Article 51 Item 8 of the Juvenile Protection Act, and in this case, the adult person ordered the alcohol or calculated the alcohol value.