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(영문) 인천지방법원 2018.10.12 2018고정934
청소년보호법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is a person who operates the main points in the name of Bupyeong-gu Incheon, Bupyeong-gu B, and 2nd floor “C”.

No one shall sell or provide alcoholic beverages that are drugs harmful to juveniles to juveniles.

Nevertheless, at around 22:00 on August 11, 2017, the Defendant sold alcoholic beverages equivalent to KRW 27,000 at the market price of 27,00,000, such as the first week 2 and the first week, to 3, juveniles, including D (17 taxes) and three others.

2. Determination

A. In light of the content and legislative purpose of the Juvenile Protection Act, if a person who sells a drug harmful to juveniles, such as alcoholic beverages, imposes a very heavy liability for not selling it to juveniles. In selling it, barring any circumstances where it is objectively deemed difficult for a buyer to doubt as a juvenile, the purchaser’s age should be confirmed based on resident registration certificates or other evidence of public probative value of the age to the degree equivalent to that of the juvenile. If the business owner or employee purchased a drug harmful to juveniles by failing to take any measures to verify age due to his/her violation of the duty to verify age, barring any special circumstance, it is recognized that the business owner or employee did not commit a violation of the Juvenile Protection Act (see Supreme Court Decision 2003Do8039, Apr. 23, 2004). In a criminal trial, the prosecutor bears the burden of proving the facts charged in a criminal trial, and even if there is no doubt that the facts charged are true enough to deem the defendant guilty, there is no evidence to prove the defendant guilty.

B. First, the health care unit for juveniles D, E, and F having entered the main points at the time, and this Court is legitimate.

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