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(영문) 수원지방법원 안산지원 2015.08.12 2015고정942
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who runs an entertainment drinking house business under the trade name of “D” in Si interest C and 201.

1. The owner or an employee of a business establishment banned from access by and employing juveniles shall verify the age of each person entering the business establishment and shall prohibit juveniles from entering the business establishment;

Nevertheless, at around April 25, 2015, the defendant entered the above businesses around 2:40, a juvenile E.

2. No one shall sell alcoholic beverages which are drugs harmful to juveniles to juveniles;

Nevertheless, the Defendant sold five diseases to juvenile E at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. E-certification;

1. Receipts or business permission certificates;

1. Determination as to the defendant and his defense counsel's assertion of investigation report (Attachment to the resident registration copy or abstract list of juvenile E)

1. The Defendant believed that “B is 27 years of age,” which appears to be the appearance of the Defendant, was “B,” and there was no perception that E was a juvenile.

Since the defendant provided alcoholic beverages to E and reported the defendant in order to avoid liquor price, the illegality is excluded.

2. In light of the provisions of the Juvenile Protection Act and the legislative intent of the Juvenile Protection Act, the employers and employees of establishments banned from allowing juveniles to enter such establishments for the purpose of protecting juveniles are given a very strict responsibility for not allowing juveniles to enter such establishments.

As such, the owner or employee of a business establishment prohibited from allowing access to juveniles should verify the age of the person subject to access based on resident registration certificates or other evidence of public probative value of age to the age group that is likely to be a juvenile unless there are circumstances that make it difficult to doubt the person subject to access from an objective point of view as a juvenile, and Supreme Court Decision 93Do2914 delivered on January 14, 1994 and Supreme Court Decision 2002Do2425 delivered on June 28, 2002.

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