logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 남원지원 2014.12.02 2014고정67
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

On March 2, 2014, around 00:55, the Defendant sold 500cc 1 kin and kin to E (the age of 16) a juvenile who had been a customer from “D” of the Defendant’s operation in Nam-si, Nam-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Determination on the defendant and defense counsel's assertion of the police interrogation protocol regarding E

1. The gist of the assertion is that the Defendant: (a) confirmed that E was not a juvenile around the time of 2013, and that E was aware that he was an adult and provided alcohol at the time of the instant case, and that E was not guilty.

2. In full view of the following circumstances, E is recognized as having sold beer without verifying the age of E as stated in the facts constituting a crime in the Defendant’s judgment, and in other words, E is recognized as having sold beer without verifying the credibility of E’s statement in light of the following circumstances: “A does not confirm the identification card on the day of the instant case, and there was no further entry in the store operated by the Defendant even around February 2014, the prior date of the instant case, and there was no examination of identification card. Around 2013, E does not appear to have any motive to suspect the credibility of E’s statement,” and there was no other reason to suspect the credibility of E’s statement.

Application of Statutes

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act does not have any history of criminal punishment, and the amount of alcoholic beverages provided for the instant crime is relatively small, but it appears that the Defendant does not confirm that he/she is a juvenile and sells alcoholic beverages without confirming that he/she is a juvenile, and that the Defendant’s age, character and conduct, environment, etc. are deemed to exist.

arrow