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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The defendant is a person who operates a general restaurant in the name of "D" in the Yongsan-gu Seoul Metropolitan City of Manyang-si.
At around 22:08 on December 14, 2013, the Defendant sold to 5 juveniles E (Nam, 16) and 105,000c c and other algos of cattle to 2 and 600c and other algos of cattle.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E and F;
1. Receipts:
1. On the day of the instant case, the Defendant and the defense counsel did not inspect the E, etc. identification card, but all of them were recognized as adults, and thus, there was no intention in violation of the Juvenile Protection Act.
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 (see, e.g., Supreme Court Decisions 93Do2914, Jan. 14, 1994; 2002Do2425, Jun. 28, 2002) unless there are many doubts that the photograph and actual substance of the business establishment that sells drugs harmful to juveniles are different from those of the resident registration certificate presented by the person concerned, in light of the fact that the case where the person in question demands a purchase of alcoholic beverages harmful to juveniles, which are the drugs harmful to juveniles, in light of the status of the person in question, the owner or employee of the business establishment is obligated to take measures to verify the age of the juvenile on the resident registration certificate, such as making the photograph and material in detail, or giving him an address or resident registration number outside the resident registration certificate, unless there are special circumstances.