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(영문) 대구지방법원 2018.07.27 2017고정2131
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

On October 22, 2017, around 22:00, the Defendant sold 360 mick 2 bottles and beer 1 bottles, which are harmful drugs to juveniles, to E, F, and G at around 22:0.

Summary of Evidence

1. A witness G or F’s legal statement;

1. A written statement of G, F and E;

1. Application of statutes on site photographs;

1. Relevant Acts concerning facts constituting an offense and Articles 59 subparagraph 6 and 28 (1) of the Protection of Youths Act selected as to the penalty.

1. Determination as to the assertion by a person related to a lawsuit under Articles 70(1) and 69(2) of the Criminal Act, which is confined in a workhouse;

1. The Defendant and the Defendant’s defense counsel’s juvenileF had previously been at the Defendant’s main point, and the Defendant’s mother was the age to present a fake identification card to the Defendant’s mother, and thus, did not verify the identity card at the time of the instant case.

Juveniles did not sell alcoholic beverages to them, while they did not drink in a cooling and cooling in mind.

2. If a juvenile-related customer did not reach the age due to his/her resident registration certificate, etc., dolusent intent of the crime of violating the Juvenile Protection Act is recognized (see Supreme Court Decision 2002Do2425, Jun. 28, 2002). Juvenile F and G did not confirm their identity cards at the Defendant’s main point at the time of the instant case.

was stated.

Since F does not have a fake identification card, it stated that it does not belong to the mother of the defendant.

G stated in this Court that alcoholic beverages on the tables at the time of the instant case were not released from the order, but they were taken out in the cooling machine.

However, G had visited 10 times or more at the main points of the Defendant and had not been able to take all the alcoholic beverages before, so “only” is deemed to have been nived.

in the light of the stated statement, the person has committed such action under

It is reasonable to view it.

Even if alcoholic beverages are not directly made to juveniles, at the time of the instant case.

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