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(영문) 울산지방법원 2015.11.26 2015고정938

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 business owner who operates a general restaurant in the name of "D" in Ulsan-gu C.

No person who operates a general restaurant shall provide juveniles with alcoholic beverages, etc. or provide them with beverages.

Nevertheless, around 22:40 on February 24, 2015, the Defendant sold alcoholic beverages to juveniles by providing the juvenile E (ma and F) and one other than the youth E (ma and F) who entered the said main place as a customer with only one illness, beer, etc.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each written statement of E and G;

1. A H’s letter;

1. Application of Acts and subordinate statutes to business reporting certificates, orders, public morals and business place regulation reports, photographs, investigation reports (relevant witness I, G and telephone);

1. Article 59 of the Juvenile Protection Act and Articles 59 subparagraph 6 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 reasons for conviction under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order issued an order of drinking along with a restaurant to enter the restaurant, and the juvenile sold the drinking to the restaurant in a situation where it is anticipated that the juvenile would drink together with the daily drinking. In fact, if the juvenile drink together with the daily drinking, it constitutes the "act of selling the alcoholic beverage to the juvenile" under Article 59 subparag. 6 of the Juvenile Protection Act. In this case, the adult's order of drinking or the alcohol value was calculated.

(2) The same does not apply to

(See Supreme Court Decision 2008Do709 Decided September 25, 2008, Supreme Court Decision 2004Do3999 Decided September 24, 2004, etc.). The evidence duly admitted and examined as follows: (a) At the time of the instant case, the juvenile E and G were placed with the J, an adult, and the Defendant’s “D” restaurant, and (b) was ordered to be engaged in the instant case; (c) H, who is the Defendant or the Defendant’s employee, did not take all measures such as asking for age or identifying identification card to E, before providing alcohol in accordance with the order.