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(영문) 수원지방법원 성남지원 2015.10.15 2015고정148
청소년보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

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

Nevertheless, around August 31, 2014, the Defendant sold alcoholic beverages equivalent to KRW 25,00,000, such as E (18 years of age), F (17 years of age), G (16 years of age), and so on, juvenile E (18 years of age), E (17 years of age), G (16 years of age).

Summary of Evidence

1. Each legal statement of witness E and G;

1. The invoice, investigation report (No. 2 and 8) [Attachment 2 and 8] asserted that there is no criminal intent since H, an employee, provided alcoholic beverages after confirming the identification card to the juvenile of this case. However, according to each evidence of the judgment, H merely provided alcoholic beverages to the juvenile after hearing the answer that “H requested E, etc. to present an identification card, but did not confirm whether he/she is an adult.” Thus, the defendant’s assertion is without merit since H merely requested to present an identification card and did not confirm whether he/she is an adult.

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

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the Suspension of Sentence (see, e.g., Supreme Court Decision 2006Do1488, Apr. 2, 2006)

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