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(영문) 서울서부지방법원 2015.04.09 2014고정2235

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

No one shall sell drugs harmful to juveniles, etc. to juveniles under the age of 19.

Nevertheless, around 00:10 on July 8, 2014, the Defendant sold to 5 juveniles under 19 years of age, such as E (18 years of age), F (17 years of age), G (16 years of age), one disease, two disease, and two disease, which are drugs harmful to juveniles, to 9,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G in part;

1. E statements;

1. Application of statutes on site photographs;

1. Relevant Article 58 of the Juvenile Protection Act and Articles 58 subparagraph 3 and 28 (1) of the same Act concerning criminal facts and the selection of fines;

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

1. The defendant and his defense counsel in the grounds of conviction of Article 334(1) of the Criminal Procedure Act asserts that the defendant cannot be held liable for the crime of violation of the Juvenile Protection Act since he did not sell alcohol to the juvenile, such as E, at the time, and E did dice in a cooling house.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, the instant court’s on-site photographs: (a) under the on-site photographs, there was World Cup containing a beer, such as E, on the table table, and immediately next to the table table, and there was a fluence of drinking, such as E; (b) E showed that the Defendant appeared to drink, and stated that there was no other customer; and (c) other factors, such as the time when the Defendant drinks, and the type and scale of the business of the restaurant operated by the Defendant, it is reasonable to view that the Defendant was aware that E, etc. brought about drinking, and thus, the Defendant was guilty.