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(영문) 의정부지방법원 2020.11.12 2020고정962
청소년보호법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant called “B” and “C” at the Namyang-gu, Gyeonggi-do.

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

Nevertheless, around April 29, 2020, the Defendant sold to 5 juveniles, including D (n, 17 years of age) in the above restaurant at KRW 27,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Detection and reporting of respective statements D and E;

1. On-site photographs, etc. at the time of the instant crime (the Defendant did not conduct the identification card at the time of the instant crime, but the relevant juveniles had the previous adult identification card, and thus there was no intention to violate the Juvenile Protection Act. However, the Defendant’s aforementioned assertion is without merit, considering the following circumstances acknowledged by the evidence duly adopted and investigated by this court: (a) the Defendant stated to the effect that the Defendant did not conduct the identification card at the time of the instant crime; (b) the Defendant did not request the presentation of identification card; and (c) the Defendant did not conduct the identification card at the time of the request for the presentation of the previous identification card; and (d) in particular, it appears that D, a juvenile, was a juvenile from the date of the instant crime more than five months after the date of the instant crime to the date of the examination of the witness, which was considerably visible

1. Article 59 of the Juvenile Protection Act and Articles 59 subparagraph 6 and 28 (1) of the same Act concerning criminal facts and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant order for provisional payment is that the instant crime does not examine identification cards and sells alcoholic beverages to juveniles, and such crime prevents juveniles from growing up to the sound character by protecting and remedying juveniles from harmful environments.

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