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(영문) 수원지방법원 안산지원 2015.01.20 2014고정1588

청소년보호법위반

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates a general restaurant in the trade name of "F" in 106 of the E building when light light.

No one shall sell alcoholic beverages, which are drugs harmful to juveniles, to juveniles, to juveniles.

Nevertheless, around 16:40 on September 10, 2014, the Defendant sold a total of KRW 27,000 to G (the age of 18) who is a juvenile harmful drug in the above restaurant.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of the defendant;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 59 subparagraph 6 of the Juvenile Protection Act and Article 28 (1) of the same Act, the selection of fines for negligence 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 and his defense counsel on the Defendant’s assertion of Article 334(1) of the Criminal Procedure Act asserts that at the time, the Defendant was not a juvenile by confirming the identification card of two persons working at G, and that the Defendant brought about drinking without verifying the identification card by stating that all of the defective behaviors in order to verify the G’s identification card are friendship relations and brought about drinking without confirming the identification card.

In light of the legislative intent of the Juvenile Protection Act, the employers and employees of establishments prohibited from allowing juveniles to enter such establishments are highly strict responsibilities to prevent juveniles from entering such establishments for the purpose of protecting juveniles.

As such, the owner or employee of a business establishment prohibited from allowing access to juveniles should verify the age of the person subject to access based on resident registration certificates or other evidence of public probative value of age to the degree of age that is likely to be a juvenile unless there are circumstances that make it difficult to doubt the person subject to access from the objective point of view, and unless the owner or employee violates the duty of age verification and fails to take any measures for age verification.