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(영문) 의정부지방법원 2014.06.26 2014고정195

청소년보호법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “D” on the first floor of the C building in Namyang-si.

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

Nevertheless, at around 03:00 on September 1, 2013, the Defendant sold 2 bottles, which are drugs harmful to juveniles, without confirming the age of E (17 years of age).

Summary of Evidence

1. Each legal statement of witness E and F;

1. Application of the law to include some statements in the police interrogation protocol against the defendant

1. Article 59 of the relevant Act and Articles 28 (1) and 28 (1) and subparagraph 4 (a) (i) of subparagraph 4 of Article 2 of the Juvenile Protection Act (elective of fines) of the same Act concerning facts constituting an offense;

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

1. The defendant asserts that the defendant's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act was confirmed by the defendant, and at the time of confirmation, E was in possession of the adult's resident registration certificate.

However, in full view of the following circumstances acknowledged by evidence, namely, E, in an investigative agency and this court, consistently stated that the Defendant did not verify the identification card, and F, which was E, also stated in this court that the Defendant did not verify the identification card, as seen above, and there is no circumstance to suspect the credibility of the statement, the Defendant’s sales without verifying the age of E, and thus, the above assertion is without merit.