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(영문) 서울서부지방법원 2017.07.13 2017고정234

청소년보호법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who operates a general restaurant under the trade name of "D" in Yongsan-gu Seoul Metropolitan Government.

At around 02:00 on November 6, 2016, the Defendant sold to juveniles E (FF, 16 years of age), G (H, 15 years of age), I (J students, 15 years of age), and I (J students, and 15 years of age) drugs harmful to juveniles at KRW 86,00,00.

Summary of Evidence

1. Each legal statement of witness E, I and G;

1. Application of Acts and subordinate statutes on report of occurrence;

1. Article 59 of the relevant Act on the facts constituting an offense and Articles 59 subparagraph 6 and 28 (1) of the Act on the Protection of Juveniles who have electively sentenced to a penalty;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant is not guilty since he/she confirmed that he/she is an adult by conducting an identification card inspection on E, G, and I, and sold alcoholic beverages.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the facts charged in the instant case is found guilty.

1. That E, I, and G did not examine the identification card of the defendant in this Court.

was stated.

② At the third public trial date, the Defendant inspected the identification card on the day of the instant case, and EI and G presented the real resident registration certificate, one of which is not certain, but only one of which is recorded by a Handphone, and stated that the Defendant memory was presented as a resident registration certificate taken by a Handphone.

However, at the time of the instant case, E was 16 years of age, and I and G were 15 years of age when they cannot obtain a resident registration certificate (the resident registration certificate is issued to a person aged 17 years of age or older according to Article 24(1) of the Resident Registration Act), and if they presented a resident registration certificate as alleged by the Defendant, they were either a third party’s resident registration certificate or a forged resident registration certificate.

However, E, I, and G were searched from police officers on the day of this case in this court, and there was no forged identification card.

was stated.

(3)