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(영문) 인천지방법원 2017.11.10 2017고단5847
청소년보호법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who operates a general restaurant under the trade name of "D" in Bupyeong-gu Incheon Metropolitan City.

No one shall sell drugs, etc. harmful to juveniles to juveniles.

Nevertheless, around June 2, 2017, the Defendant sold to E (16 years old) a juvenile harmful drug in the above restaurant on June 2, 2017, three parallel weeks of alcohol, which is a juvenile harmful drug.

Summary of Evidence

1. Partial statement of the defendant;

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

1. A suspect interrogation protocol on behalf of the public prosecutor on the defendant (F, G, or E substitute for a witness);

1. The criminal intent of selling alcoholic beverages to juveniles was committed in light of the following circumstances, such as calculation receipts, field control photographs, etc. (the evidence duly adopted and examined by this Court, comprehensively considering the following circumstances:

It is reasonable to view it.

(1) The witness did not conduct an identification card inspection from an investigative agency to an investigative agency, even though the defendant made a statement from the investigative agency to the effect that he appears or appears to be the witness as the student.

statement is made.

The contents of the witness's statement are relatively consistent with the defendant's act and the situation before and after the crime.

② The Defendant did not verify the identity card of the witness at the time of committing the instant crime.

statement is made.

On the other hand, considering the external aspects and attitudes of the witnesses stated in this court, it is not easy for the witnesses to conclude that they reached the majority of majority.

There is no special motive or circumstance for a witness to make a false statement for the purpose of punishing the accused.

③ The Defendant asserts to the effect that the witness believed to be an adult since the witness confirmed his resident registration certificate with respect to the witness F when the witness took around May 2017, 2017, which was prior to the instant crime, and confirmed his/her personal identification card pictures prior to the witness G as a cell phone.

However, the witness is currently accused at that time.

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