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(영문) 서울중앙지방법원 2020.05.14 2019고정2241

청소년보호법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the Gangnam-gu Seoul and the 1st underground floor with trade name.

No one shall sell drugs harmful to juveniles to juveniles.

Nevertheless, at around 00:05 on July 20, 2019, the Defendant sold to seven juveniles, such as juvenile D (at the age of 16), 10 illness and 5 illness, which are drugs harmful to juveniles, at KRW 115,00,00.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. The written statement of the defendant;

1. Receipts:

1. Hearing reports on references;

1. Each of the facts charged in the instant case asserts that the five juveniles were already aware that they were not minors on the part of the prosecutor’s identification card, but the remaining two people were aware of the fact that they were not minors, and the above five people seem to have exercised the forged identification card.

However, according to the evidence of the ruling, in particular, according to each legal statement of the witnesses, it seems that the defendant did not confirm the age of the juveniles at the time.

Furthermore, the employers and employees of establishments prohibited from allowing juveniles to enter such establishments are given a very strict responsibility not to allow juveniles to enter such establishments to protect juveniles.

As such, the owner or employee of a business establishment prohibited from allowing access to juveniles shall verify the age of the person subject to access based on resident registration certificates or evidence of public probative value of age to the degree of age that is likely to be a juvenile unless there are circumstances where it is objectively difficult to doubt the person subject to access as a juvenile. If the business owner or employee violates his/her duty to verify the age and fails to take sufficient measures to confirm the age, and the juvenile enters the business establishment, barring special circumstances, the business owner and the employee, barring special circumstances.