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(영문) 부산지방법원 서부지원 2018.01.08 2017고정306

청소년보호법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, it shall be 15 days.

Reasons

Criminal facts

The defendant is a person who operates entertainment points in the name of "C" in Busan-gu B.

1. The owner or an employee of a business establishment banned from access by and employing juveniles shall verify the age of each person entering the business establishment and shall prohibit juveniles from entering the business establishment;

Nevertheless, the defendant entered the above businesses around May 3, 2017 without confirming the age of D( South, 17 years old).

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

Nevertheless, at the time and place mentioned in paragraph 1, the Defendant sold to D, a juvenile, 50,000 won of beer, a drug harmful to juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Application of Acts and subordinate statutes on investigation reports (report on attachment of photographs of reference witnesses D);

1. Article 59 Subparag. 8 of the relevant Act on criminal facts, Article 29 Subparag. 2 of the Act on the Protection of Juveniles from whom punishment is selected (the access to a business establishment prohibiting juveniles from allowing access to such business establishment, the selection of fines), Article 59 Subparag. 6 of the former Juvenile Protection Act (Amended by Act No. 14446, Dec. 20, 2016); Article 28 Subparag. 1 of the former Act (amended by Act No. 1446, Dec. 20, 2016)

1. The aggravated punishment for concurrent crimes is prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes prescribed in the Juvenile Protection Act due to the sale of heavy alcoholic beverages);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;