Defendant

A shall be punished by a fine of 300,000 won.

Defendant

If A does not pay the above fine, KRW 100,000.

Punishment of the crime

Defendant

A is an employee of the general restaurant called “F” in Dongjak-gu Seoul Metropolitan Government E, and Defendant B is an operator of the above F business.

No one shall sell drugs harmful to juveniles, etc. to juveniles.

Nevertheless, at around 06:30 on October 1, 2013, Defendant A sold to juveniles G (17 years of age), H (18 years of age) and I (18 years of age) alcoholic beverages, etc., which are drugs harmful to juveniles, for KRW 50,00.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. A report on investigation;

1. Application of statutes on business registration certificates;

1. Relevant Article of the Act on Criminal Facts and Articles 59 subparagraph 6 and 28 (1) of the Protection of Juveniles Eligible for the Selection of Punishment;

1. The part not guilty of Articles 70(1) and 69(2) of the Criminal Act (Defendant B) of the Criminal Act for the detention in a workhouse;

1. When Defendant A, as indicated in the facts charged as to Defendant B’s business, commits a violation, Defendant B neglected to exercise due care and supervision over the relevant business in order to prevent such violation.

2. In light of the following: (a) whether Defendant B was negligent in exercising due care and supervision over Defendant A in the course of performing his duties; (b) the evidence submitted by the Prosecutor alone is insufficient to recognize the foregoing negligence; and (c) there is no other evidence to acknowledge it otherwise.

3. If so, the facts charged against Defendant B constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered under the latter part of Article 325 of the Criminal Procedure Act.