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(영문) 서울남부지방법원 2014.04.02 2013고정3358
청소년보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who mutually operates general restaurants in Yeongdeungpo-gu Seoul Metropolitan Government C.

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

Nevertheless, at around 23:00 on August 1, 2013, the Defendant sold 80,000 won, including 3 illness and Cheongdol, which are drugs harmful to juveniles, to E (the age of 16) who are juveniles living with 5 adults at the above 'D' restaurant, including 3 illness and Cheongdol, which are drugs harmful to juveniles.

Summary of Evidence

1. Legal statement of witness E;

1. Partial statement of the police interrogation protocol of the accused;

1. An investigation report (on-site photographs and documentary evidence of a cafeteria);

1. Family relation certificate:

1. Application of Acts and subordinate statutes governing business reporting certificates;

1. Article 51 Subparag. 8 of the Juvenile Protection Act (Act No. 11229) and Article 26(1) of the Act on the Protection of Juveniles (Act No. 1129), the selection of fines for criminal facts;

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70 and 69 (2) (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Determination as to the assertion of the defendant and his defense counsel under Article 59(1) of the Criminal Code of the Suspension of Sentence

1. The alleged defendant did not have sold alcoholic beverages to juvenile E, and was unable to recognize that juvenile E was present at the time of selling alcoholic beverages to adults who attended with E, and there was no intention.

2. According to the above evidence, at around 23:00 on August 1, 2013, E, a juvenile, was divided into five adult, including F, and five and the other five and the other five and the other five and the other five and the other three and the other three diseases in Cheongju, Cheongju, and Cheongju, in the above restaurant operated by the Defendant. The Defendant is also interested in the sale of the three and the other three diseases in Cheongju, the other three diseases in Cheongju, the Cheongju, and the other four parts in Cheongju. The F was working with a juvenile as at the time of ordering food and alcohol. The Defendant, without taking measures such as asking for the age or confirming identification card to the juvenile, brought about the alcohol to the above restaurant as well as divided the alcohol into F.

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