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(영문) 서울남부지방법원 2018.10.04 2018고정815

청소년보호법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No one shall sell, lend, distribute, or provide free access to, drugs harmful to juveniles, such as alcoholic beverages, to juveniles, and no owner or employee of a business establishment banned from access by or employing juveniles shall verify the age of persons who have access to the business establishment and allow juveniles to access the business establishment.

Nevertheless, around 00:40 on October 15, 2017, the Defendant, at “C,” operated by oneself in Yeongdeungpo-gu Seoul Metropolitan Government, did not verify the age of “C,” juvenile D(18 , E(17 , and F(17 ,) in “C,” thereby allowing its juveniles to enter a business establishment banned from access and employment, and selling them a total of KRW 12,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective statutory statements statutes of witnesses D, G, E, and F;

1. Subparagraph 3 of Article 58 of the Act on the Protection of Juveniles from Crimes and Article 28 (1) (the occupation of selling harmful articles to juveniles), Article 59 subparagraph 8 of the Act on the Protection of Juveniles from Juveniles and Article 29 (2) (the occupation of a business establishment that prohibits access to juveniles) of the Act on the Protection of Juveniles from Crimes;

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;

1. The reason for sentencing under Article 186(1) of the Criminal Procedure Act, where juveniles having access to the grounds for sentencing, were able to enter the Defendant’s establishment in this court without doubt about his identification card.

Since the nature of the defendant is not good enough to make a statement, a fine more severe than the fine imposed in the summary order shall be imposed.