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(영문) 서울중앙지방법원 2017.08.23 2017고정1500
청소년보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who works as an employee from a restaurant of "D" operated by C in Seoul Special Metropolitan City, Gwanak-gu.

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

At around 05:30 on December 18, 2016, the Defendant presented the juvenile E (14), F (15), G (15), and H (15 years old)’s resident registration certificates of adults, and photographs with the number of the resident registration certificates stored in smartphones, which the Defendant, who entered the above restaurant as a customer, to the said juvenile, and sold alcoholic beverages such as 8 C, C, and 10 C, which are harmful to the juvenile, without taking active measures to confirm their age, despite the doubt that the pictures and objects on the resident registration certificates presented by the said juveniles are different from those on the smartphones.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused, E, F, G, or H;

1. Application of Acts and subordinate statutes to a report on investigation (verification as to whether damage amount is settled);

1. Article 59 of the relevant Act on the facts constituting an offense and Articles 59 subparagraph 6 and 28 (1) of the Act on the Protection of Juveniles who have electively sentenced to a penalty;

1. Penalty of one million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1448, Apr. 2, 2006)

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