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(영문) 인천지방법원 2015.01.29 2014고정2246
청소년보호법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is a person who engages in food business under the trade name “D” in Seo-gu Incheon Metropolitan City C.

No one shall sell, lease or distribute harmful drugs, etc. to juveniles.

Nevertheless, on May 10, 2014, the Defendant sold to 2 persons, including E (n, 17 years of age) who are juveniles, for the following reasons: (a) three main liquor, which is harmful to juveniles; (b) three main liquor, which is harmful to juveniles; and (c) 56,000c note, which is harmful to juveniles.

2. Determination

A. In order for a restaurant operator to constitute “sale of alcoholic beverages to juveniles” under Article 51 subparag. 8 of the Juvenile Protection Act, the act of selling alcoholic beverages, such as alcoholic beverages, to many persons who entered the restaurant, should have been included in the juvenile at the time of giving alcohol to the restaurant operator, and should have been aware of the restaurant operator. Thus, in a case where a restaurant operator lasts a restaurant with a juvenile after holding only an adult in the place at the time of giving alcoholic beverages and drinking such alcoholic beverages, the restaurant operator could not be deemed to have engaged in the act of selling alcoholic beverages to the juvenile, unless he or she gives additional alcoholic beverages to the juvenile after recognizing it, unless he or she gives additional alcoholic beverages to the juvenile, even if he or she has remaining in the middle of the alcoholic beverages, the restaurant operator cannot be deemed to have engaged in the act of selling alcoholic beverages to the juvenile.

(See Supreme Court Decision 2001Do4069 Decided October 9, 2001 and Supreme Court Decision 2008Do11282 Decided April 9, 2009, etc.) B.

In light of the above legal principles, we look back to the instant case, and according to the evidence duly adopted and examined by this court, four persons, such as F, etc., such as F, etc., enter D’, order 2,000 c 'D’ and order 2,000 c ', one of them called G by telephone. Accordingly, G was only a person who is a minor E and H, and they were able to do so.

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