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(영문) 대구지방법원 포항지원 2017.09.06 2017고정294

청소년보호법위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the business of garan tavern business with the trade name ‘‘(C garan bar in South-gu and South-gu.

The owner of a entertainment bar who is a juvenile-prohibited establishment shall verify the age of persons who have access to the establishment and prohibit juveniles from entering the establishment, and no person shall sell alcoholic beverages harmful to juveniles to juveniles.

Nevertheless, on May 28, 2017, the Defendant did not verify the age of juvenile D (nive, 17 years of age) in the above danran bar on May 28, 2017, and allowed the said juvenile to enter the danran bar without confirming the age of juvenile D, and sold the said juvenile sick.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Notification of businesses violating laws;

1. Business license;

1. Application of Acts and subordinate statutes concerning report on internal investigation (related to attaching field photographs);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 58 subparag. 3 and 28 subparag. 1 (a) of the Act on the Protection of Juveniles (a sales of alcoholic beverages to juveniles), Articles 59 subparag. 8 and 29 subparag. 2 (a violation against prohibition of access by juveniles) of the Act on the Protection of Juveniles, and the selection of fines for negligence;

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;