(영문) 대전지방법원 2020.11.26 2020고정761

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자간(%)

(영문) 대전지방법원 2020.11.26 2020고정761

청소년보호법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

When the defendant does not pay the above fine, 10,000 won shall be one day.

Reasons

Criminal facts

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

Nevertheless, around 20:00 on February 16, 2020, at the “C” restaurant located in Daejeon Jung-gu Daejeon, the Defendant sold three diseases and three diseases, which are drugs harmful to juveniles, to three outside of D(Es) and three diseases, together with a kimchi, at KRW 4,000.

[Defendant argued that the above D et al. al. drinks alcohol in Defendant D’s crypt, and that he was aware of whether he drinks alcohol. However, this Court duly adopted and investigated the following circumstances, namely, ① the above D, F, G, and H, which had been drinking in the above restaurant, stated in this court to the effect that “the above restaurant did not confirm identification card, which makes it possible for juveniles to drink alcohol,” and ② the above D, G, and H stated in this court to the effect that “the above D, G, and H stated that the Defendant had the influence of alcohol, and that they did not d, F, G, and H made a statement to the effect that “the Defendant did not d, F, G, and H made a statement to the effect that “the Defendant did not d, F, and h made a statement to the effect that “the Defendant did not take the influence of alcohol,” and that “the Defendant did not take the influence of alcohol in the case of a person who did so.”

(3) In full view of the fact that the witness I, at the time, who had been another customer of the above restaurant, stated in this Court that the above restaurant “I was on the tables” and the above D et al. stated to the effect that “I would immediately take the alcohol in the cooling house (out of concealment) when I taken the alcohol in the cooling house,” the summary of the evidence cannot be accepted.

1. Partial statement of the defendant;

1. Each legal statement of witness D, F, G and H, and part of the witness I’s legal statement;

1. Application of the police interrogation protocol to the defendant

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. Article 70 of the Criminal Act for the Detention of Labor House Head.

참조조문

-청소년 보호법 제28조 제1항

-청소년 보호법 제59조 제6호

-형법 제70조

유사 판례

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-인천지방법원 2013.04.19 2013노224

-창원지방법원 2020.04.22 2019고정628