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(영문) 대구지방법원 김천지원 2018.10.11 2018고정115
청소년보호법위반
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant shall not sell, lend, or distribute alcoholic beverages, which are drugs harmful to juveniles, to juveniles, who operate a general restaurant under the trade name of "C" in the old and American City B.

Nevertheless, around 23:00 on February 11, 2018, the Defendant sold alcoholic beverages equivalent to KRW 56,500,000, including Category D (16) and two others, a juvenile, who had been a guest, to the above restaurant operated by the Defendant, without verifying the age.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. Each written statement of F, D, and E;

1. Determination as to the defendant's assertion of internal investigation report (as to attachment of photographs)

1. The Defendant’s summary of the assertion was misunderstanding juvenile D, E, and F as adults.

D If juveniles, such as D, were to be customers prior to the instant case, they did not verify the identity card again at the time of the instant case because they displayed the identity card as mobile phone and were aware of them as adults.

2. Determination D, E, and F did not verify their identification cards at the time of the instant case.

Even if they were to go to the restaurant of the defendant prior to the instant case, they did drinking alcohol without confirming identification card, and the defendant did not have any record of showing his identification card to the mobile phone.

The statement was made to the effect that “.......”

D, E, and F make a statement to the same effect, and the details thereof are specific (at the time of the instant case, the Defendant made a statement in a specific situation, such as requesting other relatives accompanied by him/her to present an identification card and confirming his/her photograph of the mobile phone identification card). In light of the fact that it is difficult to find any special motive for making a false statement, the credibility of his/her statement is found.

In light of the above circumstances, the above juveniles’ appearance appears to be seen, and the “students are drinking alcohol,” upon receiving 112 reports, and the police officers called up and crack down.

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