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(영문) 대구지방법원 김천지원 2014.06.11 2014고정41
청소년보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

In spite of the fact that the Defendant, a general restaurant operator of “C” was prohibited from selling harmful drugs to juveniles, the Defendant sold alcoholic beverages, which are drugs harmful to juveniles, to juveniles, to E (V), and F (V) who are juveniles, within the scope of “C of the Defendant’s management of the Gu-U.S. D., on September 1, 2013.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and F;

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

1. Each statement of E and F;

1. A report on the control of public morals;

1. Application of Acts and subordinate statutes to investigation reports (in the form of juveniles at the time of their entry);

1. Article 51 Subparag. 8 and Article 26(1) of the former Juvenile Protection Act (amended by Act No. 11673, Mar. 22, 2013); the selection of fines for criminal facts;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (the daily calculation amount: 100,000 won);

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (which does not have existed in the past, and is deemed to have shown the identification card of majority as a customer to the above restaurant prior to the present case, there are circumstances to be considered in light of the circumstances leading to the present crime, Defendant’s age, family relationship, personality and behavior, environment, etc.) on the Defendant’s and defense counsel’s assertion, the Defendant and defense counsel confirmed the identification card of spring E around 2013, the previous Defendant and defense counsel believed E to be adults. At the time of the present case, the Defendant believed E to be a adult, and believed that E and F were believed to have become a juvenile, since E and F were believed to be a adult.

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 access by juveniles is objectively.

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