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(영문) 인천지방법원 2018.07.27 2018고정409

청소년보호법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a simple main owner of “D” in Nam-gu Incheon Metropolitan City, Nam-gu C.

No person shall sell, lend, distribute, or provide free of charge drugs, etc. harmful to juveniles to juveniles.

Nevertheless, around December 2, 2017, the Defendant sold alcoholic beverages worth KRW 41,000,000 in total, including E, a juvenile harmful to juveniles, to four persons, including E, a juvenile, who is an employee of the said business establishment, at around 22:30 on December 2, 2017.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Partial statement of witness E;

1. On-site photographs and receipts [In full view of the following circumstances, the defendant exercised considerable care and supervision to prevent the violation of E:

It is difficult to see it.

① At the time of the instant case, juveniles with the primary points of the Defendant had the appearance that it is difficult to readily conclude as a single adult to the extent that E immediately confirmed the identification card.

② E was only the fact that the police officer, who did not have any identification card G or F, could be responsible for the horse, and did not make any effort to verify age.

In light of the degree of measures taken by E, it is sufficient to educate the defendant in the ordinary sense.

It is difficult to see it.

(3) One of the juveniles stated that he/she had a eye with the defendant who was in the main room. In light of the distance between the main room and the entrance of the main room or the view at the time when he/she could be seen from the original CCTV screen, it is not deemed impossible to identify the face of the customer who entered the entrance of the defendant's seat.

(4) The defendant confirmed his/her identification card as the defendant.

Even if there is a need to pay attention to the extent that the result should be asked.

It was not possible to take additional measures on their own if he/she has sufficiently confirmed whether he/she is a juvenile from E, or if he/she is deemed insufficient.