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(영문) 인천지방법원 2018.12.21 2018고정2434

청소년보호법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant under the trade name of “E” in Yeonsu-gu Incheon Metropolitan City D.

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

Nevertheless, around August 24, 2018, the Defendant sold 2 Byung-ju to 2, including Juvenile F (18 tax) at the main point of the above “E” around August 24, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of F and G;

1. Receipts:

1. Photographs at the time of detection;

1. Domestic history report (the defendant and his defense counsel did not know that the relevant juvenile was a juvenile who was an adult sofarcing, and the defendant did not know that he was a juvenile who was an adult sofarcing, and the defendant did not know that he was a juvenile, and there was a justifiable reason that the defendant was unaware of or was unaware of the fact that he was a juvenile;

The argument is asserted.

The former Juvenile Protection Act (amended by Act No. 15913, Dec. 11, 2018) prohibits juveniles from selling harmful drugs, such as alcoholic beverages, etc., and imposes an obligation to verify the age of the other party on persons who intend to sell harmful drugs, etc. (Article 28(1) and (3) of the Juvenile Protection Act). Unless there are circumstances where it is objectively difficult to doubt visitors as juveniles, the age should be verified on the basis of resident registration certificate or other evidence with public probative value of age to the degree similar thereto. If the business owner and employees did not take any measures to confirm their age, barring any special circumstance, at least dolus negligence in the violation of the Juvenile Protection Act due to the violation of the said Act on the part of the business owner and employees (see, e.g., Supreme Court Decisions 2006Do37139, Jul. 27, 2006; 2003Do371394, Apr. 39, 2003).