A defendant shall be punished by a fine of 500,000 won.

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

Criminal facts

The Defendant is a person who operates a general restaurant in the name of “D” on the Seoul Jung-gu C and the first floor.

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

Nevertheless, around July 8, 2017, at around 21:00, the Defendant sold to juveniles E, F, and G the instant “D” restaurant that he operated. In addition, around July 8, 2017, the Defendant sold to juveniles of E, F, and G the Category 4 C and 2 C.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of each police suspect against F and E;

1. Statement of the police statement related to G;

1. Each statement of E and F;

1. Protocol of seizure (voluntary submission), photographs (H's driver's license);

1. Photographs (business report certificates, tables photographs, identification cards);

1. Application of Acts and subordinate statutes reporting investigation results;

1. Subparagraph 6 of Article 59 of the Act on the Protection of Juveniles from Crimes and Article 28 (1) of the Act on the Protection of Juveniles from Crimes, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that at the time of the instant case, the juvenile F and E presented an adult identification card, and that the appearance and scam of the above juveniles and G were adults, and that they did not intend to sell alcoholic beverages to juveniles.

2. In light of the content of the provisions of the Act on the Protection of Juveniles and the legislative intent of the Act on the Protection of Juveniles, the owner or employee of a business establishment prohibited from having access to juveniles must verify the age of the juvenile on the basis of resident registration certificates or evidence with public probative value of age to the degree of age (Supreme Court Decision 93Do2914 delivered on January 14, 1994), the owner or employee of a business establishment prohibited from having access to juveniles by failing to take any measures to confirm the age of the juvenile on the ground that the juvenile violated his/her duty to confirm the age and fails to take any measures to confirm the age of the juvenile, barring any special circumstances.