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(영문) 대전지방법원 천안지원 2017.06.28 2016고정648

청소년보호법위반

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Punishment on the accused shall be determined by a fine of KRW 800,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who operates D, which is a business establishment banned from access by and employment of C or juveniles in Asan City.

The owner or an employee of a business establishment subject to prohibition of access by and employment of juveniles shall verify the age of access by juveniles and prohibit juveniles from entering the business establishment, and shall not sell, lend, distribute (including sale, lease, or distribution through automatic machines, unmanned vending machines, and communication devices) drugs harmful to juveniles, etc. to juveniles, or provide them free of charge.

Nevertheless, around 23:45 on May 14, 2016, the Defendant: (a) entered two rooms, such as juvenile E (18 taxes) into two rooms; and (b) sold 3 bottles, and alcoholic beverages, etc. to 40,000 won.

Accordingly, the defendant allowed juveniles to enter business establishments banned from entering and leaving juveniles, and sold alcoholic beverages, which are harmful to juveniles.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 59 subparag. 6, 28(1) (which sells drugs harmful to juveniles) of the Juvenile Protection Act, Articles 59 subparag. 8 and 29(2) of the Juvenile Protection Act (which allows juveniles to enter establishments prohibited from employing juveniles), and selection of fines, respectively;

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 grounds for sentencing under Article 186(1) of the Criminal Procedure Act include the type and degree of the instant crime, the possibility of criticism, the criminal records of the Defendant’s criminal punishment (which can be attached to this case’s criminal records), and other circumstances revealed at the instant trial, including the Defendant’s age, sex, environment, circumstances, and circumstances after the commission of the crime, and the sentence as ordered.