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(영문) 서울동부지방법원 2016.09.27 2016고정835
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

Punishment of the crime

The defendant is a person who runs a general restaurant business in the name of "D" in Gwangjin-gu Seoul Special Metropolitan City.

No one shall sell drugs harmful to juveniles to juveniles.

Nevertheless, at around January 23, 2016, the Defendant sold 2 bottles, a juvenile E (17 years of age, female) and 3 others, who are harmful drugs to juveniles.

Summary of Evidence

1. Each legal statement of witness E, F, G, and H;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of control, a business report certificate, a business registration certificate, a field photograph, an investigation report, CCTV image (the defendant requested three other persons, including E, to present an identification card and confirmed the age of four persons;

The argument is asserted.

Unless there are circumstances where it is objectively deemed that a business that sells harmful drugs to juveniles is objectively and it is difficult to doubt a person ordering the order as a juvenile, the person's age should be confirmed based on resident registration certificates or other evidence of public probative value of age to the same degree as that of the above, and unless there are special circumstances, the person's age should be confirmed. Unless there are special circumstances, the person's negligence in violation of the Juvenile Protection Act

In this case, E, F, and H are born in 198, and in particular, G was only 16 years old at the time of birth in 2000, and is suspected of being a juvenile due to appearance and appearance, and thus, the Defendant should have confirmed whether he/she was a juvenile by requesting identification cards or allowing him/her to open his/her resident registration number.

In doing so, according to the statements of E, F, G, and H and CCTV images, the defendant demanded to present identification cards to E and three other persons, and the F presented a photograph of the resident registration certificate whose date of birth stored in his/her mobile phone has been altered, and the defendant confirmed that he/she provided alcoholic beverages to the above person (the defendant is F).

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