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(영문) 대구지방법원 2020.10.28 2020고정518
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a restaurant in the name of "C" in Daegu Northern-gu B.

No one shall sell or provide alcoholic beverages free of charge to juveniles.

Nevertheless, around 02:00 on January 1, 2020, the above businesses provided 32,000 won for so-called 32,00 won for so-called jun, beer and alcoholic beverages, etc. without confirming the age of 3 persons, such as D (E, 17 years of age), E (E, 16 years of age), F (E, 16 years of age), and F (E, 16 years of age).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D, E, and F;

1. The defendant and his defense counsel confirmed the identification card of the above juvenile at the time, but they believe that they were adults and sold alcoholic beverages in order to present their identification card in 198.

However, the following circumstances, which are acknowledged based on the evidence adopted and examined by this court, i.e., D, E, and F, a juvenile who purchased alcoholic beverages from a restaurant operated by the defendant at the time of the instant case, have no record of presenting his/her identification card in 198 at the time from this court to this court, and the defendant has consistently stated that no fact was requested by the defendant to present his/her identification card, and there is no special circumstance to deem that the above juvenile made a false statement in order to gather the defendant. Furthermore, even if the above juvenile presented his/her identification card in 198 as argued by the defendant, it is difficult to doubt that it is objectively a minor in light of his/her appearance or clothes, etc., even if the above juvenile presented his/her identification card in 198, it cannot be seen that there was any circumstance that it was objectively doubtful that it was a minor in view of the above juvenile's appearance or clothes, etc., and the defendant voluntarily sold his/her identification card only by the police.

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