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(영문) 수원지방법원 평택지원 2019.07.18 2019고단177
청소년보호법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a general restaurant in the name of "C" in Ansan-si.

No one shall sell alcoholic beverages that are drugs harmful to juveniles or provide them free of charge for profit.

[2019 Highest 177] On January 22, 2019, the Defendant received 27,000 won from D (16 years of age), E (16 years of age), F (16 years of age), G (16 years of age), and H (16 years of age) from 27,00 and sold 3 soldiers and 2 beer owners of alcoholic beverages.

[2019 Highest 666] On January 27, 2019, the Defendant sold to the above restaurant I (16 years of age, leisure) and J (16 years of age, leisure) a juvenile who was admitted to the restaurant as a guest, 40,000 won of cattle, 360,000 won of entertainment, and 2 concurrently of beer.

Summary of Evidence

[2019 Highest 177]

1. Defendant's legal statement;

1. G statements;

1. Details of approval of the check card, on-site photographs (2019 order66);

1. Defendant's legal statement;

1. A protocol of suspect examination of the police officer regarding I;

1. The police statement to J and K;

1. Application of statutes on field photographs;

1. Article 59 subparagraph 6 of the Juvenile Protection Act and Article 28 (1) of the same Act concerning the crimes, the choice of imprisonment or imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and probation shall be suspended and imposed to prevent recidivism in consideration of the fact that the defendant for the reason of sentencing under Article 62-2(1) of the Probation Criminal Act has committed the instant crime again even after having been punished again for the same crime; however, considering that the defendant has no record of committing a crime exceeding the fine, etc., the execution of the sentence shall be suspended;

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