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(영문) 대전지방법원 2018.11.13 2018고정650
청소년보호법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

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

Nevertheless, on February 26, 2018, the Defendant sold three beer categories of alcoholic beverages, which are harmful to juveniles, to six juvenile, such as D, E (16 years old) in large exhibitions, around 23:03, the Defendant sold three beer categories of alcoholic beverages, which are harmful to juveniles.

Summary of Evidence

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

1. Each statement (E, F, J, G, H, I);

1. Application of Acts and subordinate statutes of writing (A);

1. Subparagraph 6 of Article 59 of the Act on the Protection of Juveniles from Crimes and Article 28 (1) of the Act on the Protection of Juveniles from Crimes, and the selection of fines;

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

1. In light of the legislative purport of the Juvenile Protection Act regarding the assertion that there was no possibility of expectation of Article 334(1) of the Criminal Procedure Act regarding the claim that the employer and employees of a business establishment prohibited from allowing access to juveniles have a very heavy responsibility for not allowing access to the business establishment for the protection of juveniles. Thus, the employer and employees of a business establishment prohibited from access to juveniles should objectively identify the age of juveniles based on resident registration certificates or evidence with public probative value of age sufficient to the degree of age corresponding to that of juveniles, barring any special circumstance, barring special circumstances, if the juveniles have access to the relevant business establishment due to the failure of the business owner and employees to take any measures for confirmation of age due to the violation of the duty to verify age, it is acknowledged that the employer and employees have failed to take any measures for confirmation of age, barring any special circumstance, at least do negligence in the violation of the Juvenile Protection Act due to the violation of the said Act at least 839 on April 23, 2004 (see, e.g., Supreme Court Decision 8039).

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