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(영문) 대구지방법원 포항지원 2016.04.20 2016고정7

청소년보호법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant operates a general restaurant with the trade name of North-gu B and 1st floor “C” at port.

No one shall sell drugs harmful to juveniles, such as alcoholic beverages, to juveniles.

Nevertheless, at around 21:50 on November 13, 2015, the Defendant sold alcoholic beverages worth KRW 76,000 in total, including Woo-ju 7 C (4,000 per disease), 5 Byung C (3,000 per disease), 1 Byung (4,000 per disease), and 76,000 per disease, without confirming the age of youth D (Woo 18 years old) and E (17 years old) at the above location.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and D;

1. Application of statutes on site photographs;

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. 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 Act (the suspension of sentence against the defendant shall be suspended only once, taking into account the following circumstances: (a) the fact that the age of two juveniles present at the later drinking place has not been confirmed during the five acts; (b) there is no record of criminal punishment other than the one-time fine; (c) the fact that there is no record of criminal punishment other than the one-time fine; (d) the defendant's family relation and economic circumstances, etc.; and (e) the sentence shall be imposed on the defendant only once