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The sentence of sentence shall be suspended for the defendant.
Reasons
Punishment of the crime
The Defendant is a person who operates a mutual general restaurant in Gangnam-gu Seoul Metropolitan Government B.
No one shall sell, etc. alcoholic beverages that are harmful to juveniles to juveniles.
Nevertheless, at around October 10, 2018, the Defendant sold to D(18 years of age) and E(17 years of age) alcoholic beverages, which are juvenile harmful drugs, to 12,000 won.
Summary of Evidence
1. Partial statement of the defendant;
1. Police suspect interrogation protocol of the accused;
1. A written statement of reference witnesses D and E;
1. Application of Acts and subordinate statutes to on-site photographs of police officers;
1. Article 59 of the relevant Act on Criminal facts and Articles 59 subparagraph 6 and 28 (1) of the Protection of Juveniles Eligible for the Selection of Punishment;
1. A fine not exceeding 300,000 won to be suspended;
1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;
1. The determination as to the assertion by the defendant and his defense counsel under Article 59 (1) of the Criminal Code (the defendant did not have been controlled as a matter of sales of juvenile alcoholic beverages prior to the instant case, and seems to have been given considerable attention and supervision to prevent the violation of laws and regulations, such as liquor sales, through education for ordinary employees, etc., and the restaurant operated by the defendant mainly dealt with beverages, such as bread and coffee, etc., which are mainly sold in Italian 20ml and alcohol content 11.5% of alcoholic beverages, which are sold in this case. The alcoholic beverages sold in this case are the fruit for a reduction of 20ml and alcohol content, and the removal of excessive seal without any further sale from the immediately after the instant case)
1. The Defendant’s employee F, at the time, demanded the juvenile D and E to produce identification cards, and the year was confirmed among the resident registration numbers in the process, and the Defendant was unaware of the juvenile. Thus, the Defendant did not have the intent to commit the crime of violating the Juvenile Protection Act.
2. In light of the provisions and legislative purpose of the Juvenile Protection Act, a business place selling drugs harmful to juveniles, such as alcoholic beverages, etc.