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(영문) 서울동부지방법원 2018.05.11 2018고정440

청소년보호법위반

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No person shall sell alcoholic beverages that are drugs harmful to juveniles.

Nevertheless, around 02:00 on October 14, 2017, the Defendant sold 15 kinds of alcoholic beverages to five juveniles, including D(17), E (17), F (18 years old), G (18 years old), and H (18 years old).

Summary of Evidence

1. The first statement made to D with regard to the police;

1. Statement made by the police for E;

1. Each statement of F, G and H;

1. A copy of a report of voluntary accompanying and a certificate of business report;

1. Application of statutes on site photographs;

1. Article 59 of the Act applicable to the facts constituting an offense and Article 59 subparagraph 6 of the Act applicable to the indictment which applies to the selective indictment for a punishment. The phrase “Article 58 subparag. 3 and Article 28 subparag. 1 of the Juvenile Protection Act” is obvious that it is a clerical error, and even if it is corrected without changing the indictment, it would hinder the defendant’s exercise of right to defense

As such, the applicable legal provisions are corrected and recognized ex officio as above;

Article 28(1) and Selection of fines

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;