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(영문) 수원지방법원 2013.06.20 2013고정781
청소년보호법위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a business operator of the “Ccafeteria” in Suwon-gu, Suwon-si B.

At around 20:00 on November 30, 2012, the Defendant sold food and alcoholic beverages equivalent to the total amount of KRW 60,000,000 for five persons, such as d (95 students) and two other persons, who were juveniles, without verifying their identification cards.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of each police interrogation protocol of E or D;

1. A criminal investigation report (finding circumstances, etc.);

1. Application of the Acts and subordinate statutes on receipts, business reports, and field photographs;

1. Article 59 subparagraph 6 of Article 59, the main sentence of Article 28 (1), and subparagraph 4 (a) of Article 2 of the Act on the Protection of Juveniles Eligible for Punishment of Crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant did not confirm the identification card of the Defendant and two other persons, but argued that he sold alcoholic beverages to adults by being aware of his age. Thus, according to each of the above evidence, the Defendant may recognize the fact that he sold alcoholic beverages to D, etc. without verifying whether D, etc. is a juvenile, as stated in its reasoning, since the Defendant did not clearly confirm whether it is a juvenile, etc., and thus, the above assertion is rejected

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