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(영문) 수원지방법원 2019.10.17 2019고정1033
청소년보호법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who operates a mutual sign of "C" in Suwon-si, Suwon-si B.

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

Nevertheless, at around 12:30 on April 12, 2019, the Defendant sold 1 disease of the amount equivalent to KRW 4,000 in the market price, without confirming the age of juvenile D (n, 18 years of age and E (n, 18 years of age) and E (n, 18 years of age).

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Each written statement of D and E;

1. On-site photographs, business report photographs, and liquor sales card slips [the defendant and his defense counsel claimed that the juvenile was aware of the age of the adult by citing forged identification cards, etc.” In light of the legislative intent of the Juvenile Protection Act, the defendant and his defense counsel must confirm the age of the juvenile on the basis of resident registration certificates or other evidence of public probative value of age to the age group in which the juvenile is likely to be juveniles, unless there are circumstances that make it difficult to doubt the person as the juvenile, since the proprietor of a business establishment prohibited from allowing access or selling harmful to juveniles objectively deeming that the juvenile was the juvenile, barring any special circumstances, the defendant should confirm the age of the juvenile on the basis of his/her resident registration certificate or other evidence that he/she violated the duty to verify the age of the juvenile (see, e.g., Supreme Court Decision 2002Do2425, Jun. 28, 200). If the juvenile enters the business establishment or sells harmful to the juvenile to him/her, barring any special circumstances, the defendant's intent to commit a violation of the above provision against the Juvenile Act.

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