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(영문) 대구지방법원안동지원 2020.11.04 2019고정112
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who cooks and sells alcoholic beverages and food with the trade name “C” in Ansan-si B.

No one shall sell alcoholic beverages to juveniles.

Nevertheless, around 22:30 on May 11, 2019, the Defendant sold alcoholic beverages equivalent to KRW 22,000, such as 1 disease, to D (n, 17 years of age), E (n, 17 years of age) and 17 years of age.

Summary of Evidence

1. Each written statement E in part of the defendant, and D;

1. The application of Acts and subordinate statutes to check the occurrence of the case, report on seizure, list of seizure, report on internal investigation (the photograph of seized articles), receipt of alcoholic beverages to be provided, report on internal investigation (the document attached to the suspected suspect D, request for summary trial and written inquiry), report on investigation results, notification of businesses violating the Juvenile Protection Act, report on investigation (report on attachment of photographs by references) and the application of the report on

1. Article 59 of the relevant Act on Criminal facts and Articles 59 subparagraph 6 and 28 (1) of the Protection of Juveniles Eligible for the Selection of Punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The summary of the argument was at the time of the instant case requiring D and E to present identification cards, and the presented identification cards were born in 2000 and thus, sold alcoholic beverages.

2. According to the records of this case, it is recognized that D prepared a written statement stating that “D used to provide alcohol and alcohol,” at the time of this case’s initial police investigation process, “D used to provide an identification card,” and “E used to provide an identification card,” and “E used to provide an identification card,” and “E used to provide an identification card,” and “E used to provide an identification card,” as H students.

However, comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the Defendant appears to have not been confirmed by obtaining identification cards from D and E at the time of the instant case, and thus, the Defendant sold alcoholic beverages even though he did not have been aware of the fact that D and E were juveniles.

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