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(영문) 서울북부지방법원 2015.04.30 2014고정1558
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

around 23:00 on February 12, 2014, the Defendant sold the amount of KRW 25,000, including 25,000, to two people, such as “E” restaurant in Gangnam-gu Seoul Metropolitan Government D and 1st floor, “E” youth F (n, 15 years of age) who entered a customer.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. The witness H’s statement on the third trial date [the defendant and his defense counsel acknowledged that the defendant was a 95-year student after being present his identification card from the juvenile prior to the instant case, and sold alcohol, so the defendant did not have any intention to commit a violation of the Juvenile Protection Act. According to the witness F, G’s investigation agency, and this court’s statement, the defendant or other employees asked the juvenile F and G age on the transfer of the instant case or on the day of the instant case. However, although the above juveniles did not have any identification card, they can be found to have sold alcohol without requiring a separate identification card. The defendant himself recognized that the above juveniles did not confirm their identification card on the day of the instant case, and the witness H also stated that only F and G 1 of the instant case confirmed their identification card before the instant case and stated that it was impossible to find that the defendant violated the aforementioned Act and subordinate statutes, without any specific doubt as to the juvenile’s age limit in light of these circumstances, it is reasonable to deem that the defendant did not have any intention to confirm the age of the above juveniles.

1. Article 59 of the Juvenile Protection Act and Articles 59 subparagraph 6 and 28 (1) of the same Act concerning criminal facts and the selection of fines;

1. Detention at a workhouse;

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