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(영문) 광주지방법원 2015.06.17 2015고정693
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who works as an employee of an entertainment drinking house operated by C under the trade name “E” on the first floor of the building located in the Dong-gu in Gwangju-gu.

1. The owner or an employee of a business establishment banned from employing juveniles, restrictions on access by juveniles, etc., shall verify the age of access persons and shall prohibit juveniles from entering the business establishment;

Nevertheless, the Defendant violated this and did not confirm the age of F(F) and G(F) as a juvenile who was found to be a guest at the above youth room, which was an entertainment drinking house around 05:00 on January 6, 2015, and did not enter the juvenile-related establishment.

2. No person who is prohibited from selling, lending, etc. drugs, etc. harmful to juveniles shall sell, lease, distribute, or provide them free of charge to juveniles;

Nevertheless, in violation of this, the Defendant sold to 2 juveniles, such as F and G, etc., the above-mentioned date and time, and at the above place, the amount equivalent to the market price, such as three and six beer lines and six incidental beds, which are drugs harmful to juveniles.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police interrogation protocol of F and G to each police interrogation protocol;

1. Article 59 subparagraph 8 of the Act on the Protection of Youth Offenses and Articles 59 and 29 (2) of the Juvenile Protection Act (referring to allowing access to establishments banned from juveniles), Article 59 subparagraph 6 of the Juvenile Protection Act and Article 28 (1) of the Juvenile Protection Act (referring to selling harmful drugs to juveniles);

1. Each selective fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Although the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act reflects the instant crime and are economically difficult, the purpose of legislation of the Juvenile Protection Act, the fact that the accused has the record of being suspended from indictment in violation of the same Act, and that the amount of fine determined by the summary order is excessive in light of equity in punishing similar cases.

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