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(영문) 인천지방법원 부천지원 2017.07.14 2017고정314

청소년보호법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Although the Defendant, as an employee of the restaurant “D” located in Kimpo-si, was not allowed to provide a juvenile harmful alcoholic beverage to the juvenile, the Defendant sold the total amount of KRW 47,000,000, including KRW 6 C C, C, C, C, A, and A, A, etc., a juvenile harmful substance, to two juveniles, including E (F), a juvenile, around December 19, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. Receipts:

1. On-site photographs (the defendant and his defense counsel asserted to the effect that the defendant had no intention to commit a crime since he did not conduct an identification card inspection separately on the day of the instant case because he was aware of the identity card prior to the instant juveniles as adults.

In full view of the following circumstances acknowledged by the Health Team and the record, the defendant can sufficiently recognize the fact that he/she sold alcohol without an identification card to juveniles. Thus, the above assertion is without merit.

(1) A witness E and G are stated in an investigative agency and in this court that there is no time to undergo an identification card inspection while drinking alcohol in the restaurant of this case.

② Although the first written statement prepared by G contains a statement that is presented in the instant restaurant using another person’s resident registration certificate acquired on the street to examine the identification card, the witness G made a statement to the effect that the said written statement was prepared for the defendant in this court, and the content of the said written statement is difficult to believe.

Application of Statutes

1. Article 59 of the relevant Act and Articles 59 subparagraph 6 and 28 (1) of the Juvenile Protection Act, the selection of fines for criminal facts, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main text of the Criminal Procedure Act is that the sentencing of Article 334(1) of the Criminal Procedure Act is the first offender, the nature of the crime, and the sentence in the similar crime.