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(영문) 대구지방법원 안동지원 2018.12.11 2018고정29

청소년보호법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No one shall sell alcoholic beverages that are drugs harmful to juveniles to juveniles.

Nevertheless, on November 29, 2017, the Defendant sold alcoholic beverages, etc. equivalent to KRW 35,000 in total of the market price of alcoholic beverages, etc. at KRW 35,00,00, among three concurrent weeks of alcoholic beverages, etc., from “C” restaurant operated by the Defendant at permanent residence (C).

The charged facts of this case contain the following: “The Defendant sold alcoholic beverages to F (17 years) who is a juvenile.”

According to F's legal statement, it can be recognized that F presents another person's identification card when the defendant demands F to present his/her identification card.

In light of these circumstances, the remaining evidence alone is insufficient to recognize the defendant as selling alcohol to F while recognizing that the defendant is a juvenile.

However, the instant crime is punishable by the act of providing alcoholic beverages to juveniles, and it does not constitute one crime per juvenile receiving alcoholic beverages. Therefore, the facts charged against F shall be deleted, but the verdict of not guilty shall not be made separately.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, E, and D;

1. Police statements made to E and F;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 59 subparagraph 6 of the Act on the Protection of Juveniles from Crimes and Article 28 (1) of the Act on the Protection of Juveniles from Crimes.

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

1. The judgment of conviction and the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

1. As stated in the facts charged, the Defendant asserts to the effect that he did not know that he had a full identification card even though he recognized the fact of selling alcohol to the juvenile juvenile D, and that he did not know that he had a full identification card.

Article 59 (6) of the Juvenile Protection Act provides that a person who sells, lends or distributes alcoholic beverages, etc. under the Liquor Tax Act or provides them for profit-making purposes to juveniles shall be punished by imprisonment for not more than two years or by a fine not exceeding twenty million won.