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(영문) 대전지방법원 천안지원 2016.09.08 2016고정237

청소년보호법위반

Text

Defendants shall be punished by a fine of KRW 500,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is a person who has worked as an employee of the E main office in the first floor of the building in Seoan-gu, Seoan-gu, Seoan-gu, Incheon, and Defendant B is a person who operates the said E main office.

1. On July 20, 2015, Defendant A sold 25,000 won to four juveniles, such as F (n, 15 years of age) at the main station above E, around July 20, 2015.

Accordingly, the defendant sold alcoholic beverages, which are drugs harmful to juveniles.

2. Defendant B committed the above illegal act in relation to Defendant A’s duties at the same date, time, and place as stated in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness F;

1. Statement made by the police officer in G; and

1. Statement of the H in the police statement concerning F;

1. Application of Acts and subordinate statutes on images of photographs;

1. Article 59 Subparag. 6 of the former Juvenile Protection Act (amended by Act No. 14067, Mar. 2, 2016; hereinafter the same shall apply) and Article 28(1) main sentence (amended by Act No. 14067, Mar. 2, 2016); Defendant B: The main sentence of Article 62 and Article 59 Subparag. 6 of the former Juvenile Protection Act and the main sentence of Article 28(1)

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the Provisional Payment Order: The Defendants guilty under Article 334(1) of the Criminal Procedure Act denied the charges by asserting that they had no intention to sell alcoholic beverages to juveniles since they confirmed their identification cards and sold alcoholic beverages in the process of receiving an order from juveniles.

However, in full view of the following circumstances admitted by each evidence of the judgment, it is sufficient to acknowledge that the Defendants had dolusence to sell alcoholic beverages to juveniles without identification card, at least to juveniles, and that they had had dolusence to sell alcoholic beverages to juveniles. Therefore, the facts charged in this case by each evidence of the judgment.