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(영문) 인천지방법원 2017.04.21 2016고정3283
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a real operator of "D", which is the main operator of entertainment in Nam-gu Incheon Metropolitan City.

1. The employees of a business establishment which violates the duty of prohibition of access by juveniles shall verify the age of access persons and shall prohibit juveniles from entering or using the relevant business establishment;

Nevertheless, the defendant, at around 06:00 on August 27, 2016, entered the above D, which is a business establishment that prohibits juveniles from entering, without verifying the age of four, such as E (n, 18), F (n, 18), G (n, 18), H (n, 17).

2. No person shall sell drugs harmful to juveniles to juveniles;

Nevertheless, the Defendant, at the above temporary location, sold to four juveniles, such as the above E, a total of KRW 100,000 for 5 alcoholic beverages, and for 10,000 for the window low volume.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Report on detection (violation of Juvenile Protection Act), report on control of public morals establishments, investigation report (verification of alcoholic beverage prices);

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 59 subparag. 8, Article 29 subparag. 2 of the Juvenile Protection Act (a violation of prohibition of entry) and Article 59 subparag. 5, and Article 28 subparag. 1 of the Juvenile Protection Act (a violation of prohibition of entry), and the selection of fines for negligence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;

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