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(영문) 인천지방법원 부천지원 2018.11.07 2018고정492

청소년보호법위반

Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who operates a general restaurant under the trade name of “D” in Kimpo-si, Kimpo-si.

No person shall sell drugs harmful to juveniles, and no person who operates a general restaurant shall be negligent in giving due attention and supervision concerning the relevant duties to prevent such violations by employees.

Nevertheless, at around 01:50 on January 13, 2018, the Defendant neglected to pay considerable attention to and supervise the pertinent business in order to prevent such violation in the course of selling F (T), G (T), H (T), H (T, 17 years old), and H (T, 17 years old), which is an employee, to which he/she is a juvenile. In order to prevent such violation, the Defendant neglected to pay considerable attention to and supervise the pertinent business in order to prevent such violation.

2. Determination

A. The facts constituting an offense prosecuted in a criminal trial must be proved by the prosecutor, and the judge should be convicted with evidence having probative value, which leads to the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

B. According to the evidence duly admitted and examined by this court, the employee E of the defendant is aware of the instant juveniles in the original and well-known manner, and he can be found to have sold them intentionally upon his request.

In order to prevent the violation of the laws and regulations of the above E, it is not sufficient to recognize the health room as well as the evidence submitted by the prosecutor alone, and there is no other evidence.

According to the evidence, the defendant did not have been under control prior to the instant case, and the employees employed at the defendant's restaurant are selling juvenile alcoholic beverages.