beta
(영문) 광주지방법원 2013.06.21 2013고정393

청소년보호법위반

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

[2013 High 393] The defendant is a person who operates a general restaurant in the name of "Dhop" in Gwangju Mine-gu C.

No one shall sell, lend or distribute drugs harmful to juveniles, etc. to juveniles.

Nevertheless, at around 22:00 on December 18, 2012, the Defendant sold 4 illness, which is a harmful drug to juveniles, without confirming the age of juvenile E (V, 17) and others.

[2] On December 22, 2012, around 22:00, the Defendant sold a total of KRW 52,000 (52,00,00,000 in total, to juvenile-related F (n, 16 years of age), G (n, 16 years of age), H (n, 16 years of age), I (n, 15 years of age), and other juvenile-related drugs.

Summary of Evidence

1. Each legal statement of E (J and K), L, M, F, H, I, N, and G;

1. On-site photographs and the argument of the defendant on the documents indicating that all the two occasions the defendant alleged that he/she had confirmed that he/she was an adult through his/her resident registration certificate from the juvenile of this case, but according to the statements from the juvenile of this case who had drinking in the head of this court at the time, the defendant could be found to have not verified his/her identification card from the juvenile of this case at the time, so the defendant can be found guilty of all the facts charged of this case (in relation to the crime of December 18, 2012, O stated that the defendant had confirmed his/her identification card at the investigative agency, but after this court was adopted as a witness, the defendant did not appear in the court to submit a written statement to the effect that "the defendant requested his/her identification card to the customer and made a statement differently from the fact because he/she was unable to refuse his/her request." The above circumstances have the meaning of credibility of the defendant's assertion).

1. Article 51 subparagraph 8 of the Juvenile Protection Act and Article 26 (1) 1 of the same Act concerning criminal facts; and