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(영문) 대전지방법원 2015.09.11 2015구단344
영업정지처분취소
Text

1. The Defendant’s business suspension disposition against the Plaintiff on January 12, 2015 shall be revoked for one month.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff is a representative of C’s general restaurant located in Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant restaurant”).

B. On February 17, 2014, the chief of the assigned police station notified the Defendant of the violation of the Juvenile Protection Act to the effect that “the Plaintiff, around January 20:24, at the restaurant of this case, provided four persons, including juvenile D (the 97-year students) with only one disease, beer, three disease, and beer, etc., which are juvenile harmful substances.”

C. On March 5, 2014, the Daejeon District Prosecutors’ Office issued a disposition of suspending prosecution against the Plaintiff, and the reasons for non-prosecution are as follows.

1. The suspect E, at the main point of the instant case, who works in the so-called arbrate form, failed to verify the identity card of the juvenile and appears to have no economic benefits from the instant case, and juvenile D;

1.2. On the other hand, it appears that there was a fact on the main point and that it was not confirmed that it was not a juvenile, and that D had another person's identification card, it is reasonable to consider the circumstances leading to the crime as well as the credibility of the case.

2. The suspected suspect A shall be recognized.

The suspect is the first offender.

In full view of the E’s statement that the suspect instructed E to inspect the identification card at the time, and stated that he had received education from the employer that he/she had to verify the age of the juvenile, the suspect was not negligent in the management of the employee, and there is a reason to consider the circumstances leading to the crime to E, such as the statement in the preceding paragraph.

(d) suspend prosecution;

The defendant, on January 12, 2015, on the ground that " around January 20:24, 2014, the defendant provided four juveniles to the restaurant of this case with alcoholic beverages (so-called 1 disease, beer disease, and beer) at around January 11, 2014, it was discovered to the police officers belonging to the assigned police station, and notified our military of the fact." One month of business suspension based on the Food Sanitation Act.

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