Text
A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is an employee of the “C cafeteria” in Bupyeong-si B.
No one shall sell or provide alcoholic beverages that are drugs harmful to juveniles to juveniles.
Nevertheless, on July 19, 2019, the Defendant sold 2 soldiers, who are drugs harmful to juveniles, to D(18 years of age) and E(18 years of age) in the above restaurant, around July 21, 2019.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E and D;
1. Police suspect interrogation protocol of the accused;
1. The police statement concerning F;
1. Each statement of E and D;
1. Report (Violation of the Juvenile Protection Act) and field photographs [the defendant and his defense counsel] asserted that there is no criminal intent to commit a crime by actively deceiving the defendant as if he was an adult, and thus not knowing that he was a juvenile. Taking into account the following factors: the age of the juvenile recognized in light of the evidence in the judgment, the contents of conversation and confirmation measures that the defendant was divided with the juveniles who had been a guest at the time, the body and appearance of the juveniles present in the court, and the conditions before and after the crime, it is difficult to deem that the defendant had objectively doubtful circumstances, and it is recognized that the defendant sold alcoholic beverages to the juvenile without confirming the accurate age through the identification card inspection, etc., while recognizing that the defendant was a juvenile with unpaid mind. The argument of
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 Eligible for the Selection of Punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;