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(영문) 인천지방법원 2015.05.08 2014고정4492
청소년보호법위반
Text

1. The defendant shall be punished by a fine of 700,000 won;

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

Reasons

Punishment of the crime

The Defendant is a person who operates the D’s main points in the Bupyeong-gu Incheon Metropolitan City C Building 109.

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

Nevertheless, around 00:30 on August 2, 2014, the Defendant sold alcoholic beverages, such as small 2 bottles, which are drugs harmful to juveniles, to E (17 years of age) and three other juveniles, who found the above restaurant.

Summary of Evidence

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

1. Application of business report, business registration certificate, photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 59 subparagraph 6 and 28 (1) of the Juvenile Protection Act which choose a penalty;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the claim F and E presented another person's identification card at the Defendant's shop even before, and as such, the Defendant could not be identified as a juvenile, G and H did not have any intention to commit a violation of the Juvenile Protection Act against the Defendant, since the Defendant did not know that he was a juvenile.

2. The owner or employee of the business establishment prohibited from accessing juveniles has a very strict responsibility not to admit juveniles to the business establishment for the protection of juveniles.

As such, the owner or employee of a business establishment prohibited from allowing access to juveniles shall verify the age of the person subject to access based on resident registration certificates or other evidence of public probative value of age to the age group that is likely to be a juvenile unless there are circumstances that make it difficult to doubt the person subject to access objectively. If the business owner or employee violated his/her duty to verify the age and fails to take any measures to confirm the age, and thereby the juvenile enters the business establishment, barring special circumstances, the business owner and the employee, barring special circumstances.

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