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(영문) 서울남부지방법원 2016.11.30 2016고정217
청소년보호법위반
Text

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

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 person who works as a manager at the E main store located in Yeongdeungpo-gu Seoul Metropolitan Government D.

No person shall sell alcoholic beverages, etc. which are harmful to juveniles.

Nevertheless, around 00:54 on August 30, 2015, the Defendant informed 17 years of age and 4 other than F (17 years of age) juveniles to seat, and let G, an employee in charge of ice, sell a total of 83,000 won, including 5 diseases and 2 diseases, which are harmful substances to juveniles.

As a result, the defendant conspired with G and sold alcoholic beverages, which are harmful to juveniles.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Application of Acts and subordinate statutes to the details of detection;

1. Article 59 Subparag. 6 and Article 28(1) of the Juvenile Protection Act, Article 30 of the Criminal Act, the selection of fines, and the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. In light of the circumstances, such as the fact that the summaryF, etc. of the assertion did not pay the drinking value, and the Defendant reported 112, and that G, an employee in charge of ice, was believed to have inspected the identification card F, etc., the Defendant had no intention to commit a crime of violating the Juvenile Protection Act.

2. Determination

A. In light of the legislative intent of the Juvenile Protection Act, the employers and employees of establishments banned from accessing juveniles are given a very strict responsibility not to admit juveniles to such establishments for the purpose of protecting juveniles.

As such, the owner or employee of a business establishment prohibited from allowing access to juveniles should verify the age of the person subject to access based on resident registration certificates or other evidence of public probative value to the age group that is likely to be a juvenile unless there are circumstances that make it difficult to doubt the person subject to access from an objective point of view as a juvenile.

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