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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
1. A person who violated the restriction on access by juveniles did not allow a juvenile to enter a business establishment harmful to juveniles, even from around 05:00 on December 8, 2013 to around 09:48 of the same day, the Defendant allowed a juvenile to enter “E located in Pyeongtaek-si D, an entertainment drinking club he/she operated,” a juvenile F (18 years old, south), G (18 years old, south), and H (18 years old, south).
2. A person who sells drugs harmful to juveniles is prohibited from selling or lending drugs harmful to juveniles to juveniles, even at the time and place specified in paragraph 1, the Defendant sold three illnesss to juveniles F (18 years of age, South), G (18 years of age, South), and H (18 years of age, South).
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness G and H;
1. Copy of a receipt;
1. Application of Acts and subordinate statutes on a business license;
1. Article 59 subparagraph 8 of the Act on the Protection of Juveniles and Article 29 (2) of the Juvenile Protection Act (the violation of restrictions on access to juveniles), Article 59 subparagraph 6 of the Act on the Protection of Juveniles and Article 28 (1) of the Juvenile Protection Act (the violation of restrictions on access to juveniles)
1. Selection of each alternative fine for punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. In light of the legislative intent of the Juvenile Protection Act Article 334(1) of the Act on the Provisional Payment Order, the employer or employee of a business establishment prohibited from having access to juveniles shall not have access to the business establishment for the purpose of protecting juveniles.
As such, the owner or employee of a business establishment prohibited from allowing access to juveniles should verify the age of the person subject to access based on resident registration certificates or other evidence of public probative value of age to the degree of age that is likely to be a juvenile unless there are circumstances that make it difficult to doubt the person subject to access from an objective point of view as a juvenile (see, e.g., Supreme Court Decision 2002Do2425, Jun. 28, 2002), the owner or employee of such business.