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(영문) 서울남부지방법원 2016.05.27 2016고정340

청소년보호법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates the Seoul Yeongdeungpo-gu Seoul Metropolitan Government Group B with the mutual name “C” from the fifth floor.

1. “C” operated by the Defendant is a business operated mainly in the form of cooking and selling alcoholic beverages rather than cooking and selling food, and where a person operating a business harmful to juveniles intends to employ an employee, he/she shall verify his/her age and shall not employ a juvenile as an employee.

Nevertheless, at around 22:00 on December 24, 2015, the Defendant employed a juvenile as an employee without confirming the age of the juvenile D(17 tax) in the above C, and employed the juvenile as a juvenile harmful business establishment.

2. No one shall sell, lend or distribute drugs harmful to juveniles to juveniles;

Nevertheless, at around 00:30 on December 25, 2015, the Defendant sold three sons, which are harmful drugs to juveniles, such as juveniles E (F (17 years of age), G (17 years of age), and G (17 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. Application of enforcement manual statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 58 subparagraph 4, 29 (1) (the occupation of employing juveniles at establishments harmful to juveniles), 59 subparagraph 6, and 28 (1) (the occupation of selling drugs harmful to juveniles) of the Protection of Juveniles Act and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;