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(영문) 대구지방법원 2017.11.17 2017노1613
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of misunderstanding of fact, the Defendant inspected the identification card for three of five juveniles, and the above juveniles presented an adult identification card, and the remaining two juveniles confirmed all of the above three juveniles’ three identification cards and sold alcoholic beverages to adults.

Therefore, the defendant did not know that he is a juvenile.

B. The punishment sentenced by the lower court (the penalty amount of KRW 500,000) is too unreasonable.

2. Determination

A. 1) Determination as to the assertion of mistake of facts 1) Article 26 (1) of the Juvenile Protection Act provides that anyone shall not sell harmful drugs, etc. to juveniles, and Article 20 (1) of the Enforcement Decree of the same Act provides that "any person who intends to sell or rent harmful drugs, etc. pursuant to Article 26 (1) of the Act shall verify the other party's age." In light of the content of the above provision and the legislative purport of the Juvenile Protection Act, the above provision is imposed on the owner or employee of a business place selling harmful drugs, etc. for the protection of juveniles. Thus, unless objectively considering that it is difficult to doubt that the person is a juvenile, barring special circumstances, the court below should legally identify the person's age based on his resident registration certificate or evidence with public probative value of age equivalent thereto, and if the owner or employee of the business place did not take any measures to verify age, then the court below shall be found to have committed the above violation of the Juvenile Protection Act at least 20. 7. 26.

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