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(영문) 대구지방법원 김천지원 2014.06.25 2014고정267
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

No one shall sell alcoholic beverages to juveniles.

Nevertheless, around December 6, 2013, the Defendant sold 2 bottles and beer, respectively, to Da(16 years of age) and four other juveniles, at “C” restaurant operated by the victim in Kimcheon-si B, Kimcheon-si, Kimcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Examination protocol of police suspect regarding D;

1. A report on internal investigation (four pages of investigation records);

1. A report on internal investigation (related to juvenile personal information);

1. Invoice;

1. Application of statutes on site photographs;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act, the Defendant examined the identification card against one person during the commission of a work, and thus, asserts that there was no intention to do so on the juvenile.

In light of the following circumstances acknowledged by the above evidence, i.e., ① even according to the above argument of the defendant, the defendant did not inspect the identification card for the remaining four persons during his day, ② D's identification card was 197, and D's identification card was 92, E's identification card was 92, ③ the remaining four persons were 99, ④ the above restaurant was located near the F's middle and high school, and ④ the above restaurant was located near the F's middle and high school, the defendant did not take measures such as not only about four persons whose identification card was not verified, but also about the above D's photograph and material, or making them substitute the address or resident registration number on the resident registration certificate. Thus, it is reasonable to deem that the defendant had sold alcoholic beverages while recognizing the fact that the defendant was a juvenile.

Therefore, the above argument shall not be accepted.

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