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(영문) 부산지방법원 2018.09.12 2017고정780
청소년보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who runs a general restaurant business in the name of the column D (hereinafter “instant main shop”) in the Seo-gu Busan Metropolitan City.

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

Nevertheless, on December 12, 2016, at the above restaurant around 23:30 on December 12, 2016, the Defendant sold to the juvenile E (V, 18 years of age) and 4 C and C, and 2 C, respectively.

[The facts charged of this case include the fact that the defendant provided alcoholic beverages to F (n, 18 years old) in addition to E, but according to the evidence adopted and examined by this court, E has a drinking room for F at the time of this case in investigative agencies and courts.

On the first day of the instant main point, F appears to have entered the instant main point even before the instant case, and F appears to have been aware of having entered the instant main point, and ② before the instant case, F had twice the history of presenting another person’s resident registration certificate to the business owner requesting an identification card at the instant drinking house; ③ Customer G and H, who was on the instant main point, had been a customer prior to the instant drinking, were fright to have an identification card inspected, and at the time of the instant case, the Defendant tried to conduct an identification card inspection, but, at the same time, was fright to have issued a fake card inspection.

In light of the above facts and circumstances, the facts and circumstances, such as the statement, are recognized, and in light of the above facts and circumstances, it is not sufficient to recognize that the defendant had previously conducted the F’s identification card as alleged by the defendant, and that the F at that time had presented another person’s identification card, it cannot be ruled out that the defendant was aware that he was a minor.

However, the crime of this case is to punish the act of offering alcohol to or having access to juveniles.

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