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(영문) 의정부지방법원 2019.05.30 2018고정1434
청소년보호법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates an entertainment drinking house under the trade name of “C” in Namyang-si, Nam-si.

No one shall sell or provide drugs harmful to juveniles to juveniles, and the owner or employee of a business establishment prohibited from having access to and employment of juveniles shall verify the age of persons who have access to the business establishment and prohibit juveniles from having access to the business establishment.

Nevertheless, around August 9, 2018, the Defendant, at around 02:30, allowed the above main points, which are juvenile establishments banned from allowing access by and employing juveniles, to enter D(17 years of age) and sold two diseases, which are drugs harmful to juveniles, to the above juveniles.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness D;

1. Business license certificate;

1. The defendant and his defense counsel confirmed the age of D through a smartphone identification card, and confirmed that D was his identification card by asking his resident registration number to D. Thus, the defendant did not have the intention to commit the instant crime.

In order to protect juveniles, the owners and employees of establishments prohibited from allowing juveniles to enter such establishments are given a very strict responsibility for not allowing juveniles to enter such establishments.

As such, the owner or employee of a business establishment prohibited from allowing access to juveniles shall verify the age of the person subject to access based on resident registration certificates or evidence of public probative value of age to the degree of age that is likely to be a juvenile unless there are circumstances that make it difficult to doubt the person subject to access objectively. If a juvenile enters the business establishment due to a violation of the duty to verify the age and a failure of the business owner or employee to take sufficient measures to confirm the age, barring special circumstances, at least the violation of the Juvenile Protection Act due to the violation of the above provision of the Act.

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