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(영문) 수원지방법원 안양지원 2015.04.09 2015고정18
청소년보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

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

Nevertheless, around August 7, 2014, the Defendant sold alcoholic beverages equivalent to KRW 18,550,00 to juvenile E (year 16) at the D convenience store located in the Manan-gu Manan-si, Annan-si, Annan-si, Annyang-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Copies of the E statements;

1. A statement prepared by the F;

1. Receipts output by the suspect at the time of sales of alcoholic beverages;

1. CCTV photographs, etc. marked in calculating the drinking value by juveniles (E);

1. The defendant and the defense counsel's assertion on the investigation report (whether or not the suspect knew that E is a juvenile) and the defendant and the defense counsel asserted that there was no intention of violating the Juvenile Protection Act because the defendant did not inspect the E identification card on the day of the instant case, but had previously been aware of it as an adult by conducting an identification card inspection.

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 shall verify the age of the juvenile on the basis of a resident registration certificate or evidence with public probative value of age to the extent of age, unless there are circumstances that make it difficult to doubt that the juvenile is objectively, barring any circumstances (see, e.g., Supreme Court Decisions 93Do2914, Jan. 14, 1994; 2002Do2425, Jun. 28, 2002). If there is a doubt that the photograph on the resident registration certificate presented by the subject is different from the real, the case where the juvenile requests the purchase of alcoholic beverages harmful to juveniles, which are media harmful to juveniles, shall be taken as a business owner on the basis of the fact that there is a lot of cases where the juvenile is found to have a lot of cases in which the person is able to identify his/her own identity and age and the real objects on the resident registration certificate, or make him/her substitute address or resident registration number on the resident registration certificate.

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