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(영문) 수원지방법원 안산지원 2015.07.22 2015고정669
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

At around 23:00 on December 28, 2014, the Defendant sold to E (16 years of age) and F (16 years of age) 5 illness, which is a juvenile harmful drug, 15,000 won, without verifying the age of the juvenile, within 'D' located in E (16 years of age) in Ansan-si, Ansan-si.

Summary of Evidence

1. The defendant's partial statement of the court (the defendant and his defense counsel already held that as long as the defendant had already sold alcoholic beverages to him with the knowledge that he is not a juvenile via identification card, the defendant should be acquitted. Article 26 (1) of the Juvenile Protection Act provides that anyone shall not sell, lease, or distribute harmful juvenile drugs, etc. to juveniles, and Article 20 (1) of the Enforcement Decree of the same Act provides that "any person who intends to sell, lease, or distribute harmful juvenile drugs, etc. under Article 26 (1) of the Act shall confirm the other party's age." In light of such provision and legislative intent of the Juvenile Protection Act, the defendant's business owner and employee of a business place selling harmful juvenile drugs, etc. shall be highly responsible for complying with the above provision for the protection of juveniles. Thus, barring any objective circumstance that it is difficult to doubt the person as a juvenile, the defendant shall be found to have violated the age limit of the person subject to the above 30 weeks by means of resident registration certificate or other evidence probative value of age equivalent to the above.

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