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(영문) 대전지방법원 서산지원 2014.11.27 2014고정207
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “D” in Western City C.

In spite of the fact that anyone is prohibited from selling alcoholic beverages that are drugs harmful to juveniles to juveniles, the Defendant, on March 7, 2014, sold alcoholic beverages worth KRW 52,00,000, for the following reasons: (a) the Defendant, on March 7, 2014, sold alcoholic beverages worth KRW 52,00,00, to six people, including juveniles E (17 years of age) and juvenile F (17 years of age) who entered the place of “Dju”, without verifying only the identification card of E whose resident registration number is crossed out; and (b) the remaining identification card of the remaining behaviors.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F, E, and G;

1. Application of the Acts and subordinate statutes to photograph CCTV images by capturing them;

1. Article 59 of the Juvenile Protection Act and Articles 59 subparagraph 6 and 28 (1) of the same Act concerning criminal facts and the selection of fines;

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant confirmed two identification cards among E’s daily behaviors, and demanded the rest of the daily behaviors to present an identification card, and the rest of the daily activities would not drink an identification card, and sold only to two confirmed identification cards. Thus, the Defendant’s assertion that there was no intention to sell alcohol to juveniles.

In other words, the following circumstances acknowledged by the evidence revealed above, ① six daily behaviors of E entered the D main points operated by the Defendant at the time of the instant case and ordered the Defendant to provide identification card, and the Defendant demanded the E to provide identification card, ② selling defective alcoholic beverages to 94 years upon presenting a driver’s license that appears very rarely on the front of the date of birth of E, ② the Defendant brought about a large number of alcohol and a large number of alcohol to the E table, and the Defendant was five soldiers of the transfer of alcoholic beverages sold by the Defendant. In full view of the following circumstances, the Defendant is working in E.

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