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(영문) 인천지방법원 2014.07.18 2014고정1731

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

On March 2, 2014, at around 03:40, the Defendant sold to E (the age of 16) a total of KRW 17,500 won for the Defendant’s bar business, and first as drugs harmful to juveniles, the Defendant sold to E (the age of 16) one disease and 500 C1 residues for the Defendant’s bar business.

Summary of Evidence

1. Copies of investigation records of the prosecution concerning F (in particular part of investigation records 277 pages);

1. Copies of investigation records of E (in particular, part 36 pages of investigation records);

1. Application of Acts and subordinate statutes to photographs of victims;

1. Selection of a fine or fine under Article 62, subparagraph 6 of Article 59, Article 28 (1), subparagraph 4 (a) 1, or subparagraph 4 (a) of Article 2 of the Juvenile Protection Act concerning the relevant criminal facts;

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

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act asserted that at the time the defendant had no awareness of the fact that E was a juvenile, and there was no possibility to expect the confirmation of age by identification card.

Article 28(1) of the Juvenile Protection Act provides that "no person shall sell, lend, distribute, or provide to juveniles drugs harmful to juveniles without compensation, etc." and Article 28(3) provides that "a person who intends to sell, lend, or distribute drugs harmful to juveniles, etc. harmful to juveniles shall verify the age of the other party." Thus, a person who sells alcoholic beverages, etc. shall not sell, rent, or distribute drugs harmful to juveniles for the purpose of protecting juveniles. Therefore, a person who sells alcoholic beverages, etc. is objectively responsible for selling alcoholic beverages to juveniles for the purpose of protecting juveniles. Thus, barring any circumstances where it is difficult for the person who has access to the age group which is likely to be juveniles to be juveniles, the person's age should

The owner or employee of a business.