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(영문) 서울북부지방법원 2016.12.08 2016고정1448
청소년보호법위반
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No one shall sell, lend, or distribute alcoholic beverages that are drugs harmful to juveniles to juveniles.

Nevertheless, around 02:40 on March 27, 2016, the Defendant sold an amount of KRW 13,000 to 13,000, such as E (18 years of age) a juvenile who was a customer, without confirming the age to four people, such as E (18 years of age).

Summary of Evidence

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

1. Each statement of E, I, F, G, and H prepared;

1. In light of the contents of the provisions of the Juvenile Protection Act and the legislative intent of the Juvenile Protection Act, an investigation report (112 reporter telephone conversations) [the 112 reporter] is deemed to have a very strict responsibility not to sell or provide alcoholic beverages to juveniles for the protection of juveniles. Thus, the main business owner of the main business is objectively deemed to have objectively and, barring any circumstances that make it difficult to doubt juveniles as juveniles, must confirm the age of juveniles based on resident registration certificates or evidence with public probative value of age equivalent to that of juveniles. If a business owner sells or provides alcoholic beverages without taking any justifiable measures to confirm age in violation of the duty to confirm age, barring special circumstances, barring any negligence in the crime of the Juvenile Protection Act committed against the owner of the business. Considering the above macroscopic evidence and the Defendant’s statement, the Defendant’s failure to confirm the age of at least four persons among five persons in sales as stated in the judgment of the court, and thus, the Defendant can be deemed to have not recognized that the Defendant did not have any public record certificate of age equivalent to those of age.]

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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