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(영문) 수원지방법원 안양지원 2014.01.09 2013고정544

청소년보호법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who works as an employee at a mutual general restaurant in Ansan-gu C or the first floor in Ansan-gu.

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

Nevertheless, on February 17, 2013, at around 21:30, the Defendant sold alcoholic beverages to juveniles, such as by providing softs, 4 illness, beer, 1 disease, and arsensium, 50,000 won to juveniles in the above restaurant (17 years old), F (17 years old), G (17 years old), H (17 years old), I (17 years old), etc.

Summary of Evidence

1. The Defendant partially inspected the Defendant’s legal statement E, etc. before and denied the criminal intent by asserting that he/she was aware that he/she had sold alcohol, etc. to adults when he/she confirmed as adult.

However, according to each testimony, etc. mentioned above, it is not recognized that the defendant confirms the identification card of E, etc. or confirms that he is an adult.

Therefore, the above argument is not accepted.

1. Each testimony of the witness J, E, and I;

1. Application of the respective laws and regulations of E, F, G, H and I;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 59 subparagraph 6 and 28 (1) of the Juvenile Protection Act which choose a penalty;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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