[청소년보호법위반][미간행]
Whether an act of selling alcoholic beverages to a juvenile under Article 51 subparagraph 8 of the Juvenile Protection Act constitutes "an act of selling alcoholic beverages to a juvenile" (affirmative with qualification)
[1] Article 26 (1) and Article 51 subparagraph 8 of the Juvenile Protection Act
Supreme Court Decision 2001Do4069 Decided October 9, 2001 (Gong2001Ha, 2504) Supreme Court Decision 2001Do6032 Decided January 11, 2002 (Gong2002Sang, 510) Supreme Court Decision 2004Do684 Decided April 23, 2004
Defendant
Defendant
Attorney Dohn-seop
Suwon District Court Decision 2003No2059 delivered on June 7, 2004
The appeal is dismissed.
If a juvenile, including a juvenile, orders a restaurant to drink together, and a juvenile sells alcoholic beverages to him/her in a situation where he/she is anticipated to drink together with his/her daily alcohol, and a juvenile actually drinks together with his/her daily alcohol, it constitutes an "act of selling alcoholic beverages to a juvenile" under Article 51 subparagraph 8 of the Juvenile Protection Act, and in this case, it does not change because he/she ordered the daily alcohol or calculated the alcohol value.
Based on the evidence presented, the court below acknowledged the facts such as the defendant's 6th century and 6th century and 4th century and the above fact-finding, etc. on October 27, 2002, on the ground that the defendant did not take measures such as questioning his age or identification card to the juvenile sexual abortion (17 years old, 18 years old, 19 years old) and the juvenile sexual intercourse (17 years old, 18 years old) accompanied with him at a general restaurant operated by himself as a customer at that general restaurant around 21:30 on October 27, 2002. The court below held that the defendant violated the rules of evidence or the records of the Juvenile Protection Act, since he did not know that he was a juvenile with the same drinking together, and sold his alcoholic beverages to him, and that he violated the rules of evidence or the records of the Juvenile Protection Act, and there was no violation of the rules of evidence or the judgment of the court below as to the facts-finding under Article 58 (1) 1 and 2 of the Juvenile Protection Act.
Therefore, the appeal is dismissed. It is so decided as per Disposition.
Justices Byun Jae-chul (Presiding Justice)