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(영문) 울산지방법원 2016.06.17 2015고단1669
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates Ulsan Nam-gu C and 4 stories D.

No person shall sell, lend, distribute, or provide free of charge drugs, etc. harmful to juveniles to juveniles.

Nevertheless, on January 22, 2015, at around 02:20, the Defendant sold 15 alcoholic beverages with the market price equivalent to that of alcoholic beverages to E (17), F (17), G (17), H (17), I (17), J (17) and 17 (17 years old) from the “D” operated by the Defendant of the Nam-gu, Ulsan-gu, and the fourth floor.

Summary of Evidence

1. Partial statement of the defendant;

1. A report on the examination of each police suspect with respect to E, F, K, G, and H;

1. Each police statement made to J and I;

1. Reports on internal investigation and the application of the Acts and subordinate statutes governing investigation reports;

1. The indictment under Article 59 Subparag. 6 and Article 28(1) of the former Juvenile Protection Act (amended by Act No. 14067, Mar. 2, 2016) on criminal facts and Article 59 Subparag. 6 of the former Juvenile Protection Act (amended by Act No. 14067, Mar. 2, 2016) appears to be written “Article 58 Subparag. 3 and Article 28(1) of the Juvenile Protection Act, but it appears to be written

Selection of Fines

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Determination on the assertion of the defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act, which costs of lawsuit

1. The gist of the assertion was to verify all the identification cards of the instant juveniles, and they did not know that they were juveniles in possession of each adult identification card.

2. In light of the legislative intent of the Juvenile Protection Act, the owner or employee of a business establishment that sells drugs harmful to juveniles must verify the age of a person who is highly likely to be a juvenile by means of his/her resident registration certificate or other evidence with public probative value equivalent to that of age (see, e.g., Supreme Court Decisions 93Do2914, Jan. 14, 1994; 2002Do2425, Jun. 28, 2002).

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