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(영문) 울산지방법원 2015.09.24 2014고정2211
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant reports from the competent authorities to general restaurants, and operates a 'D cafeteria' in Ulsan-gu C. Ulsan-gu.

No person who is engaged in general restaurant business shall sell alcoholic beverages to juveniles.

Nevertheless, at around 01:41 on August 23, 2014, on the ground that the Defendant, on the ground that he was a man with the above Hen's house and is bad, provided that the Defendant sold alcoholic beverages to juveniles by providing the sum of KRW 24,00 perma, 20 per week, 24,00 per annum, and 15 per annum, without confirming the age due to his identification card, etc., a juvenile E (the age of 17,00) who was living together with a male guest (the age of 95,00) who was living together with his usually frequent with him, and without confirming the age due to his identification card, etc.

Summary of Evidence

1. The statements of witnesses E and F in the fifth trial records;

1. Application of the law as a result of the court’s examination of video recordings

1. Article 59 applicable to the relevant criminal facts and Article 59 subparagraph 6 of the Juvenile Protection Act and Article 28 (1) of the same Act (Selection of Fine);

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

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant and his defense counsel asserted to the effect that they did not sell alcoholic beverages to juveniles because they had different adult male who frighten with their mind that they would take the alcohol in mind.

2. If a juvenile, including a person with a judgment, orders a restaurant to drink, and the juvenile sells the alcohol to the juvenile under the circumstances in which it is anticipated that he/she would drink together with his/her daily alcohol, and in fact, the juvenile drinks together with his/her daily alcohol, constitutes a "act of selling the alcohol to the juvenile" under Article 51 subparagraph 8 of the Juvenile Protection Act.

(See Supreme Court Decision 2004Do3999 Decided September 24, 2004). However, according to the records of this case, the records of this case are as follows: (a) the fact that E and F arrive at the D shop operated by the defendant prior to three male daily activities (see, e.g., video recording materials 1:03:00), and (b) three male daily activities after a few minutes have passed.

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