logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.02.19 2019고정953
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 operates a general restaurant in the name of "C" in Gwangju Northern-gu B.

No one shall sell alcoholic beverages that are drugs harmful to juveniles to juveniles.

Nevertheless, around 18:00 on August 24, 2019, the Defendant sold 1 disease, 1 disease, 1 disease, etc. (8,000 won) by allowing the Defendant to enter the above “Ccafeteria” without verifying the age of four juveniles, such as D(17 years of age).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, F, and G;

1. Application of statutes on business reports and field photographs;

1. Article 59 subparagraph 6 of the Act on the Punishment of Crimes and Article 28 (1) of the Act on the Protection of Juveniles from among Punishments and the Selection of Punishments for Juveniles;

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

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

1. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion was that the Defendant demanded verification of identification card from the juvenile, D, E, F, and G (hereinafter “D, etc.”), and D, etc. showed the Defendant’s cell phone pictures.

As such, the Defendant sold alcoholic beverages with knowledge that it was not a juvenile by DNA, etc., through identification cards and photographs taken by mobile phones.

2. The judgment D, etc. testified that a general restaurant operated by the Defendant was aware that he sold alcoholic beverages to juveniles to ordinary people, and there was no fact of presenting an identification card taken by the Defendant as a mobile phone at the time of the instant case.

In addition, the defendant asserted that when the police was dispatched at the time of the instant case, he did not request the police to confirm the mobile phone of D, etc. even though he was aware that D, etc. was not a juvenile, and that he did not report his identification card taken in D or E mobile phone at the time of the instant case.

arrow