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(영문) 서울중앙지방법원 2020.02.13 2019고정2631
청소년보호법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates an entertainment drinking house with the trade name "B and 1st underground" in Seoul Special Metropolitan City, Gwanak-gu.

1. The owners or employees of establishments harmful to juveniles who have violated the Juvenile Protection Act shall verify the age of persons entering establishments harmful to juveniles and shall prohibit juveniles from entering such establishments;

Nevertheless, at around 04:49 on August 21, 2019, the Defendant had a juvenile D(n, 17 years of age) and juvenile E(n, 18) who entered the said establishment as a guest without confirming identification card.

2. No person who violates the Juvenile Protection Act shall sell, lend, distribute, or provide free of charge drugs harmful to juveniles, etc. harmful to juveniles;

Nevertheless, at the same time and place as mentioned in the above Paragraph 1, the Defendant sold beer 4 disease and beer 1 disease to Juvenile E (n.e., 17 years old) and juvenile E (n., 18).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement of D or E;

1. Application of Acts and subordinate statutes to report internal investigation (on-site CCTV verification);

1. Relevant legal provisions concerning facts constituting an offense, Articles 59 subparagraph 8, 29 (2) of the Juvenile Protection Act (a point of access to establishments establishments allowing access to juveniles), subparagraph 6 of Article 59 of the Juvenile Protection Act, Article 28 (1) of the same Act (a point of sale of harmful drugs to juveniles), and the selection of fines;

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

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;

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