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(영문) 춘천지방법원 속초지원 2014.04.16 2014고정28
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

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

Nevertheless, at around 23:30 on January 2, 2014, the Defendant sold 45,000 won, including E ( South and 16 years of age) a juvenile, who was found to be a customer within the head office of "D" operated by the Defendant in Yangyang-gun, and sold 5,00 won at the same time, which is a drug harmful to juveniles, such as 5,00 won, and 15,000 won, which is a drug harmful to juveniles.

Accordingly, the defendant sold alcoholic beverages, which are drugs harmful to juveniles, to juveniles.

Summary of Evidence

1. Partial statement of the defendant;

1. A E-document;

1. Application of the receipt statute

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel asserts that the defendant and his defense counsel's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act did not recognize the defendant and his defense counsel as a juvenile, or that there were circumstances that make it difficult to suspect as a juvenile

The owner of a business place selling alcoholic beverages shall verify the age of a juvenile based on his/her resident registration certificate or evidence with public probative value of age sufficient to the extent that he/she is likely to be a juvenile, unless there exist any circumstances that make it difficult to doubt the person as a juvenile from an objective perspective. In cases where the owner of a business place selling alcoholic beverages without taking any measures to verify the age of a juvenile by violating his/her duty to verify the age, barring special circumstances, dolusent intent is recognized as to selling alcoholic beverages to a juvenile (see, e.g., Supreme Court en banc Decision 2003Do8039, Apr. 23, 2004; Constitutional Court en banc Decision 2012Hun-Ma784, May 30, 2013). According to each evidence of the judgment, the owner of a business place selling alcoholic beverages, etc., after drinking alcohol at the business place as indicated in the judgment of the E, etc.

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