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(영문) 대구지방법원 2017.09.15 2017노1539
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal - The defendant, who is a juvenile, was confirmed before the identification card of E, and confirmed that he is an adult, and did not confirm his identification card separately on the date of the occurrence of the instant case, so there was no intention to sell alcoholic beverages to juveniles.

2. Determination

A. Article 1 of the Act on the Protection of Juveniles provides that “The purpose of the Act is to enable juveniles to grow into the body of good character by regulating the distribution of media, water, drugs, etc. harmful to juveniles and their access to harmful business establishments and by protecting juveniles from harmful environment.” Article 4(2) of the Act provides that “a person who carries on the business of distributing media, water, drugs, etc. or who carries on the business of operating harmful to juveniles and organizations and associations consisting of persons who carry on the business of operating harmful to juveniles shall not distribute media, water, drugs, etc. harmful to juveniles, etc. harmful to juveniles, and shall make every effort to protect juveniles by preventing them from employing juveniles or accessing harmful business establishments harmful to juveniles.”

Article 28(1) and (3) of the Juvenile Protection Act prohibits the sale of drugs harmful to juveniles, such as alcoholic beverages, etc. for juveniles, and imposes an obligation on a person who intends to sell drugs harmful to juveniles to verify the age of the other party (Article 28(1) and (3) of the Juvenile Protection Act). In light of the content of the Juvenile Protection Act and the legislative intent of the Juvenile Protection Act, the business owner and employees of a business establishment that sells drugs harmful to juveniles have a significant responsibility to comply with the above provision for the protection of juveniles. Therefore, barring any circumstance that objectively deemed that it is difficult for a person to doubt as a juvenile, a resident registration certificate or similar is granted to a person who has access to the age group that is likely to be a juvenile.

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