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(영문) 대구지방법원 김천지원 2019.07.16 2018고정301

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

[2018 fixed-term 301] The Defendant, a person who operates a general restaurant in the name of “C” in the name of “C” in the Gu and America, shall not sell, lend, or distribute to juveniles alcoholic beverages, which are drugs harmful to juveniles.

Nevertheless, at around 21:00 on June 1, 2018, the Defendant sold alcoholic beverages with a total of 21,500 won, including three soldiers, who are drugs harmful to juveniles, without verifying the age of D (17 years of age) and two others, at the above restaurant operated by the Defendant.

[2019 fixed-term 8] No person shall sell, lend, distribute to juveniles alcoholic beverages that are drugs harmful to juveniles, or provide them free of charge.

Nevertheless, at around 23:30 on June 16, 2018, the Defendant sold to six juveniles, such as youth E (17 years of age) at the C cafeteria operated by the Defendant in Gumi-si B, the Defendant sold alcohol and alcohol equivalent to KRW 67,00,00 in total, including five illness and three disease, etc.

Summary of Evidence

[2018 High Court Decision 301]

1. Defendant's legal statement;

1. Written statements of D, F and G;

1. Reports on internal investigation (on-site conditions, related persons' statements and photographs attached thereto);

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Each police interrogation protocol against the accused;

1. Each police statement of I, H, and E;

1. Investigation report (Attachment to juvenile photographs);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 58 subparagraph 3 of the Juvenile Protection Act and Article 28 (1) of the same Act concerning the applicable criminal facts and the selection of punishment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. At the time of selling alcoholic beverages on June 16, 2018, the Defendant confirmed that two of the six youths are adult members through resident registration certificates, and the remaining four persons were joints of the two persons, and the Defendant did not know that the remaining four persons were joints of the two persons, and thus, the above six persons did not know that the remaining four persons were joints.