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(영문) 수원지방법원 2017.04.20 2016고정2517
청소년보호법위반
Text

Defendant shall be punished by a fine of 300,000 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 Suwon-si, Suwon-si, Suwon-si.

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

Nevertheless, on May 3, 2016, the Defendant did not confirm the age of E (17 s and women) within the above D' on May 3, 2016, and sold to E (17 s and women) the drugs harmful to juveniles in total of 28,00 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of statutes on site photographs;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Prior to the instant assertion, the Defendant had visited “D” several times with a male-child room, who is an adult, and at the time of the instant case, was aware that the Defendant was an adult in the presentation of another person’s resident registration certificate.

Since the visit with F was naturally made by E, E was merely an adult and did not conduct an identification card inspection. At the time of the instant case, the Defendant had no intention to sell liquor to juveniles.

2. In light of the legislative intent of the Act on the Protection of Juveniles, the employers and employees of establishments prohibited from allowing access to juveniles are highly strict and responsible for not allowing access to such establishments for the protection of juveniles. Therefore, the employers and employees of establishments banned from access to juveniles should confirm the age of juveniles based on resident registration certificates or evidence with public probative value of age to the age group that is likely to be juveniles, unless there are circumstances that make it difficult for them to suspect access as juveniles objectively.

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