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(영문) 울산지방법원 2014.02.20 2013고단3749

청소년보호법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From November 3, 2006 to November 2, 2013, the Defendant operates a general restaurant with “E” in Ulsan-gu, Ulsan-gu.

around 22:00 on November 2, 2013, the Defendant, within the aforesaid “E,” 3 man-mades, ju 3 soldier’s disease, Macju 3 soldier’s disease, Macju 3 soldier’s disease, and Macju’s death, to juvenile F (M, 15 years of age), G (M, 15 years of age).

The alcoholic beverages amounting to 28,000 won were sold, such as one disease, etc.

As a result, the Defendant sold harmful substances that should not be sold to juveniles, thereby violating the rules of business operators.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness F and G’s statutory statement;

1. Article 59 subparagraph 6 of the Juvenile Protection Act and Article 28 (1) of the same Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. The defendant's argument regarding the defendant's argument under Articles 70 and 69 (2) of the Criminal Code for the confinement in the Laborhouse was previously examined when the juvenile was in a restaurant and confirmed that he was not a juvenile. Thus, the defendant alleged that he sold alcohol without knowledge of the juvenile at the time of the instant case. However, according to the above evidence, the defendant's argument cannot be accepted since it was acknowledged that the juvenile did not perform the proper identification examination.

It is so decided as per Disposition for the above reasons.