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(영문) 서울중앙지방법원 2018.04.12 2017고정2344
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

The Defendant is a person who operates a general restaurant in the name of “D” on the first floor in Gwanak-gu in Seoul Special Metropolitan City.

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

Nevertheless, at around 03:30 on May 18, 2017, the Defendant sold to E (n, 16 years of age) and F (16 years of age) a juvenile harmful drug in the above restaurant, and sold to E (n, 16 years of age) and F (n, 16 years of age) a juvenile harmful drug in the amount of at least 47,00 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Recording of the witness E's statement in the five-time public trial records;

1. On-site photographs [in the case of female juveniles, the defendant examined an identification card, presented an adult identification card, and in the case of male juveniles, the defendant was unable to verify the identification card which was affected by the crackdown on Mamanma as customers.]

However, in light of the witness F, G’s legal statement, recording in E’s legal statement, etc., the Defendant may fully recognize the fact that he/she sold liquor to minors without properly verifying his/her identification card.

Application of Statutes

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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