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(영문) 대구지방법원 2015.10.08 2015고단1893
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a mutual general restaurant called “D” in the Daegu Northern-gu C commercial building.

No one shall sell, lend, distribute, or provide free of charge alcoholic beverages that are drugs harmful to juveniles to juveniles.

Nevertheless, at around December 29, 2014, the Defendant sold three-years of cattle to F (16 years of age) and G (17 years of age) a juvenile, who is an adult of E (37 years of age) who has been a guest, from the above restaurant operated by the Defendant.

Accordingly, the Defendant sold alcoholic beverages, which are drugs harmful to juveniles, to juveniles.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E in part;

1. Each part of the prosecutor's protocol of statement with H, F, G, and E made by the prosecutor's office;

1. Some of the police statements made to F, G, and E;

1. Each investigation report (report on hearing statements by police officers dispatched to 112 reported and telephone communications by police officers dispatched);

1. Application of Acts and subordinate statutes concerning field photographs, field tables, seat arrangement maps, 112 reported cases, and Kakao Stockholm dialogues;

1. Article 59 of the Juvenile Protection Act and Articles 59 subparagraph 6 and 28 (1) of the same Act concerning criminal facts and the selection of fines;

1. Determination on the assertion by the Defendant and the defense counsel under Articles 70(1) and 69(2) of the Criminal Act for the confinement of the workhouse

1. At the time of the instant case, the summary of the assertion: (a) the Defendant gave the Defendant attention to the Defendant that he should not be free from drinking alcohol to G and F; and (b) E also asked the Defendant to drinking alcohol rather than drinking alcohol; (c) the Defendant did not provide alcohol to G and F; and (d) the Defendant did not know that he did not drink, there was no intention to sell alcohol to juveniles.

2. The day-to-day, including the judged juvenile, ordered the drinking to enter a restaurant, and the juvenile also sold the drinking to that person under the circumstances in which it is anticipated that he will drink with the day-to-day, and in fact the juvenile actually sells the drinking together with the day-to-day.

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