A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a person who operates a D cafeteria from Daejeon Seo-gu C, 101.

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

At around December 12, 2016, E, an employee of the above restaurant, sold 9 bottles, which are juvenile harmful drugs, to four persons, such as F(17), G(16), H(17), I(1), and I(16).

Accordingly, the defendant, who is his employee, committed the above violation in relation to the defendant's business.

Summary of Evidence

1. Partial statement of the defendant;

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

1. A copy of a business report;

1. Application of enforcement manual and on-site control photograph Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 62, 59 subparagraph 6, and 28 (1) of the Act on the Protection of Juveniles Eligible for the Punishment of Specific Crimes (Selection of Penalty Surcharges);

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/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. In order to prevent a violation of the Juvenile Protection Act, the Defendant allegedly exercised due care and supervision over the pertinent duties.

2. Determination

A. In light of the principle of self-responsibility, it is reasonable to view that the above two punishment provisions apply only to a case where a corporation neglected the duty of considerable attention or supervision in relation to the business of violation. In a specific case, the issue of whether a corporation neglected the duty of considerable attention or management and supervision shall be determined by all circumstances related to the violation in question, namely, the legislative purport of the relevant law, the degree of infringement of legal interests anticipated to violate the penal provisions, the purport of preparing both punishment provisions concerning the violation, as well as the specific form of the violation and the degree of damage or result actually caused by the violation, the possibility of supervising the corporation's business size and the offender, or the specific relationship with the corporation to prevent the violation