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(영문) 창원지방법원 2016.06.02 2016노341
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding juveniles, E (17 Sejong) and five other, followed by two adults, one of whom was a son, and one of the above juveniles was on the list of restaurant employees, “N,” and the above five other was unaware of the fact that he was a juvenile.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. In light of the content of the provisions of the Juvenile Protection Act and the legislative purport of the Juvenile Protection Act regarding the assertion of mistake of facts, the owner and employees of a sales business establishment such as the restaurant of this case are subject to very strict responsibility not to sell or provide alcoholic beverages to juveniles for the protection of juveniles. Thus, the owner and employees of the main business establishment shall objectively respect the customers who are likely to be juveniles and, unless there are circumstances that make it difficult to doubt them as juveniles, based on the resident registration certificate or other evidence of public probative value of age to the degree of their age. If the owner and employees of the business establishment sell or provide alcoholic beverages to juveniles without any justifiable measures to confirm their age in violation of the duty to verify age, barring any special circumstances, at least do the duty to violate the Juvenile Protection Act (see Supreme Court Decision 2003Do8039, Apr. 23, 2004).

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