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(영문) 광주지방법원 2015.10.08 2015고정1290

청소년보호법위반

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in Seo-gu, Seo-gu, Gwangju.

누구든지 청소년을 대상으로 하여 청소년유해약물 등을 판매하여서는 아니됨에도, 피고인은 이를 위반하여 2015. 5. 4. 01:00경 위 음식점에서 손님으로 들어 온 청소년인 E(여, 16세)의 연령을 확인하지 아니한 채, 복분자칵테일, 생키위칵테일 등 청소년유해약물인 주류를 유리병에 담아 판매하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect of the police accused;

1. Reporting on occurrence of the Juvenile Protection Act and the application of Acts and subordinate statutes to photographs inside establishments;

1. Article 59 subparagraph 6 of the Juvenile Protection Act and Article 28 (1) of the same Act concerning facts constituting an offense.

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 a day);

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the defendant reflects his mistake, and again, he does not commit such a crime. At the time of the instant case, although there was a mistake that the defendant did not inspect the identification card of the juvenile, E was entered into the same place with adults, and at the time of the instant discovery, E was a crime of unlawful uttering of official document by presenting another person's identification card to a police officer at the time of the discovery of the instant case. In light of the fact that E was a crime of unlawful uttering of official document by presenting another person's identification card to a police officer, the circumstances can be considered. The defendant has no same criminal record).