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(영문) 인천지방법원 부천지원 2014.07.04 2014고단440
청소년보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant operates a general restaurant in the name of "D" on the second floor of the Seoul Building in Bupyeong-gu, Seocheon-gu.

Although anyone is prohibited from selling, lending, or distributing drugs harmful to juveniles, etc. to juveniles, the defendant, around 14:20 on February 18, 2014, sold to juveniles E (the 96-year student and South) who entered the above establishments, one illness of slive liquor in accordance with the Liquor Tax Act, along with his/her face-to-face 12,00 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A written statement;

1. Application of Acts and subordinate statutes of photography;

1. Relevant Article 58 of the Juvenile Protection Act and Articles 58 subparagraph 3 and 28 (1) of the same Act concerning criminal facts and the selection of fines;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (the daily calculation amount: 50,000 won);

1. The defendant and his defense counsel asserted that Article 59(1) of the Criminal Act (a) of the suspended sentence (along with the previous case; (b) there are circumstances to be taken into account the circumstances leading to the instant crime; (c) the age, family relationship, character and conduct, environment, etc. of the defendant and his defense counsel were unaware of the defendant's age

In light of the contents of the provisions related to the Juvenile Protection Act and the legislative intent of the Juvenile Protection Act, the employers and employees of establishments banned from entering juveniles are given a very strict responsibility for not allowing juveniles to enter such establishments for the purpose of protecting 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 to the age group that is likely to be a juvenile unless there are circumstances where it is objectively difficult to doubt the person subject to access as a juvenile, and the owner or employee of the business violates his/her duty to verify the age.

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