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(영문) 의정부지방법원 2014.04.14 2013고정2295
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The owner and employee of a business establishment prohibited from access by juveniles shall verify the age of persons who have access to the business establishment and shall not allow juveniles to access the business establishment, and shall not sell drugs harmful to juveniles, etc. to juveniles.

Nevertheless, on April 22, 2013, the Defendant stated in the indictment that he works for the Defendant on the first floor C underground of the Gu Government-si around 01:30 on April 22, 2013 that “the Defendant is operating the Defendant,” but there is no evidence to recognize the Defendant as his business owner, and according to the witness G and H’s respective legal statements, it is reasonable to see that the Defendant is an employee of the D main office.

Since the facts charged and the basic facts do not disadvantage the defendant to exercise his/her right to defense within the same extent, it is recognized as stated in the indictment without changing the indictment.

D At the D main point, access to E(95th, South) and F(95th, South) to sell a total of KRW 620,000,00, which is harmful to juveniles, such as the Commission 2 disease, which is harmful to juveniles.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Invoice;

1. Application of Acts and subordinate statutes to field photographs;

1. Article 59 subparagraph 6 of the Juvenile Protection Act and Article 28 (1) of the same Act concerning the relevant criminal facts and the selective punishment; Article 59 subparagraph 8 of the Juvenile Protection Act and Article 29 (2) of the Juvenile Protection Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The defendant and his defense counsel's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act refers to the assertion that the defendant and his defense counsel cannot be punished because he had reported to the police as he did not recognize that he was a juvenile at all.

In light of the legislative intent of the Juvenile Protection Act, the employers and employees of establishments prohibited from allowing juveniles to enter such establishments are highly strict responsibilities to prevent juveniles from entering such establishments for the purpose of protecting juveniles.

(c).

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