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(영문) 인천지방법원 2019.01.11 2018고정1727
청소년보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who operates a restaurant in the name of “Ccafeteria” in Seo-gu Incheon.

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

Nevertheless, at around 14:30 on April 2, 2018, the Defendant did not verify the age by examining identification cards to juveniles D (n, 18 years of age) who are customers in the above restaurant, and sold cans which are drugs harmful to juveniles.

Summary of Evidence

1. Legal statement of witness D;

1. Reporting on detection (violation of the Juvenile Protection Act);

1. On-site photographs [1. The Defendant, in light of the appearance of D at the time and the fact that the instant restaurant is a factory cafeteria, etc., he could not be deemed to be a juvenile, and the Defendant asserted that D had D purchase alcohol in the instant restaurant in a planned manner to suspend the Defendant’s business, and that there was no possibility for the Defendant to expect lawful act. In light of the content and legislative purpose of the Juvenile Protection Act, the Defendant asserted that: (a) in selling drugs harmful to juveniles, such as alcoholic beverages, etc., imposes a very strict liability for not selling such drugs to juveniles; and (b) in selling them, unless there is any objective circumstance that it is difficult for the buyer to doubt as a juvenile, the age of the purchaser should be confirmed based on resident registration certificate or evidence with public probative value to the degree of age equivalent thereto; and (c) in a case where the proprietor and the employee purchased the harmful drugs by failing to take any measures to verify the age, barring any special circumstance, at least 300 weeks of the Juvenile Protection Act’s intentional act.

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