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(영문) 수원지방법원 안산지원 2018.11.22 2018고정432
청소년보호법위반
Text

Defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

Although anyone is prohibited from selling, lending, or distributing harmful drugs to juveniles, etc., he/she provided eight juveniles, such as I, etc. (hereinafter referred to as “I, etc.”) who are juveniles of the G (hereinafter referred to as “instant main store”) located in Ansan-si, Ansan-si, and in collusion with H, an employee, who are juveniles of the said main store on December 7, 2017, who were juveniles of the said main store on December 23:30, 2017.

Summary of Evidence

1. Each legal statement of the witness H, I, and J;

1. Application of the statutes of each police statement protocol to I and J;

1. Article 59 Subparag. 6 of the relevant Act and Articles 28(1) of the Juvenile Protection Act, Article 30 of the Criminal Act, and the selection of fines for the crime;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant alleged that I et al. did not recognize that I was a juvenile, and brought to the room of I et al., and collected beer immediately on the ground that I et al. was a juvenile. There was no awareness or intent to sell alcoholic beverages to I et al.

2. Determination

A. In light of the content and legislative purpose of the Juvenile Protection Act, a person who sells a drug harmful to juveniles, such as alcoholic beverages, imposes a very strict liability for not selling it to juveniles. In selling it, barring any circumstances that objectively make it difficult for a buyer to doubt as a juvenile, the purchaser’s age should be confirmed based on resident registration certificate or evidence with public probative value of the age to the degree that it is comparable to that of the juvenile, and the business owner and the employee did not take any measures to verify the age of the drug, thereby purchasing a drug harmful to juveniles by failing to take any measures to verify the age in violation of the duty of age verification.

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