[1] The meaning of "an act of selling liquor to juveniles" under Article 51 subparagraph 8 of the Juvenile Protection Act and the time when such act was taken

[2] The case holding that the crime of violation of the Juvenile Protection Act concerning the sale of alcoholic beverages is not established in a case where an entertainment tavern operator suspected of a minor's identity who was in a business place and demanded an identification card to enter the room and present an identification card, and goes out of the room

[1] "Act of selling alcoholic beverages to juveniles" under Article 51 subparagraph 8 of the Juvenile Protection Act refers to an act of offering alcoholic beverages to juveniles for a fee, and in order for juveniles to provide alcoholic beverages, the act must reach the situation where juveniles actually drink or are able to drink alcoholic beverages.

[2] The case holding that the crime of violation of the Juvenile Protection Act concerning the sale of alcoholic beverages is not established on the ground that a minor did not actually drink alcoholic beverages or drink at a certain level, in a case where an entertainment drinking club operator suspected of being a minor's identity and demanded a presentation of identification card and out of the room, regardless of whether the minor was paid in advance of the drinking value, etc.

[1] Article 26 and Article 51 subparag. 8 of the Juvenile Protection Act / [2] Article 26 and Article 51 subparag. 8 of the Juvenile Protection Act

Defendant

Prosecutor

Suwon District Court Decision 2007No4849 Decided March 25, 2008

The appeal is dismissed.

We examine the grounds of appeal.

"Act of selling alcoholic beverages to juveniles" under Article 51 (8) of the Juvenile Protection Act means an act of offering alcoholic beverages to juveniles for a fee, and in order for juveniles to provide alcoholic beverages to juveniles, the act of offering alcoholic beverages to juveniles shall reach the actual state of drinking or drinking.

Examining the facts duly confirmed by the court below in light of the above legal principles, the defendant operated an entertainment drinking club with the trade name "(hereinafter omitted)" on the seventh floor of Ansan-si (hereinafter omitted) from December 5, 2005, and the non-indicted 1, who was a minor student in 198, ordered the non-indicted 2, who was an employee at the above age club around 00:30 on February 17, 2006, who did not enter the above age club, and ordered the non-indicted 1 to pay the drinking value in advance. The above non-indicted 2 did not request the non-indicted 1 to present his identification card to the non-indicted 1, but did not present his identification card to the non-indicted 1, and the defendant did not present his identification card to the non-indicted 1, and the defendant did not present his identification card to the non-indicted 1, who was in the above age group to the non-indicted 2, and the defendant did not present his identification card to the non-indicted 1.

In the same purport, the decision of the court below which affirmed the judgment of the court of first instance which acquitted the juvenile not guilty of the facts charged for the sale of alcoholic beverages to this part of this case is just, and there is no violation of the rules of evidence or any misapprehension of legal principles as to the timing of acceptance of a crime of violating the Juvenile Protection Act due to the

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Hong-hoon (Presiding Justice)