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(영문) 수원지방법원 안산지원 2015.06.05 2014고정1952
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 in the name of “D head office” in the broad-name city.

No person shall sell harmful drugs to juveniles under the age of 19 years.

Nevertheless, at around 02:00 on November 15, 2014, the Defendant sold alcoholic beverages equivalent to KRW 21,000, including two weeks of alcoholic beverages and two weeks of alcoholic beverages to juvenile E (16 years of age) and F (16 years of age).

Summary of Evidence

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

1. A protocol concerning the police interrogation of the accused;

1. Application of statutes on field photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 59 subparagraph 6 and 28 (1) of the Juvenile Protection Act selected to impose a penalty;

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

1. The assertion and judgment of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order

1. The defendant and his defense counsel confirmed that he was not a minor through the identification card as a previous guest, and therefore, the defendant and his defense counsel did not request the presentation of a second identification card at the time of the instant case. The defendant asserted that the defendant did not know that he was a juvenile, and that the defendant did not know that he was a juvenile, and that he did not additionally provide alcohol after the F was joined, and that he did not constitute an act of selling alcohol to the juvenile, since he did not intend to commit a crime or constitutes an act of selling alcohol to the juvenile.

2. Determination

A. In light of the legislative intent of the Juvenile Protection Act with respect to the crime of violating the Juvenile Protection Act against E, the owners and employees of establishments banned from allowing juveniles to enter such establishments are highly strict liability for not allowing juveniles to enter such establishments for the purpose of protecting juveniles.

As such, the employer and employee of a business establishment prohibited from allowing access to juveniles shall be juveniles unless there are circumstances that make it difficult to doubt the visitors as juveniles from the objective point of view.

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