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(영문) 창원지방법원 2019.06.05 2018고정648
청소년보호법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a restaurant with mutual name “B”.

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

Nevertheless, at around 20:30 on September 7, 2018, the Defendant sold alcoholic beverages equivalent to KRW 18,000 in the cafeteria located in Kimhae-si C, which is a juvenile, D(16 years of age) and his day to his day.

Although the facts charged in this case include the fact that the defendant sold alcohol to E, it is difficult to eliminate the possibility that E had presented another person's identification card, etc. to adult age, and it is not possible to confirm whether there was any circumstance to suspect identity, such as the appearance and age indicated in his identification card has a substantial difference with E.

Ultimately, it is difficult to conclude that the Defendant sold alcohol by recognizing that he/she is a juvenile with regard to E.

However, the instant crime does not constitute one crime for each juvenile who received alcoholic beverages by punishing the act of providing alcoholic beverages to juveniles itself. Therefore, it is sufficient to delete the facts charged against E, and the judgment of not guilty should not be separately determined.

Summary of Evidence

1. Legal statement of witness D;

1. Application of CCTV image CDs and photographic Acts and subordinate statutes;

1. Article 59 subparagraph 6 of the Act on the Protection of Juvenile Crimes and Article 28 (1) of the same Act (Selection of Fines) [If a juvenile, including a juvenile, issued an order for daily drinking and drinking together on a restaurant, and a juvenile has sold drinking together with his/her daily drinking in a situation where it is anticipated that he/she would drink together with his/her daily drinking, and the juvenile actually drinks together with his/her daily drinking, this constitutes a "act of selling alcoholic beverages to a juvenile" under Article 51 subparagraph 8 of the Juvenile Protection Act, and in this case, it does not change because he/she ordered the alcohol or calculated his/her drinking value (see, e.g., Supreme Court Decision 2004Do399, Sept. 24, 2004).

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