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(영문) 춘천지방법원 원주지원 2017.10.18 2017고정77
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 lives in his/her domicile and operates a general restaurant in the name of "C" in the original city B.

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

Nevertheless, around 05:00 on October 30, 2016, the Defendant provided four alcoholic beverages including juvenile D(E) and F(G) who had been a guest at the above restaurant.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of arrest, report and self-written statement of occurrence of the case (F, D);

1. Application of Acts and subordinate statutes on field photographing photographs;

1. Subparagraph 6 of Article 59 of the Juvenile Protection Act and Article 28 (1) of the same Act concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion was that the Defendant sold alcoholic beverages without confirming the age of F, D, H, and I (hereinafter “Juveniles of this case”) at the time of the instant case. However, the Defendant had no criminal intent to sell alcoholic beverages to juveniles on the day of the instant case because the Defendant requested the above Juvenile to produce identification cards prior to the instant case, and there was a timely confirmation of the fact that they are adults.

2. Determination

A. According to the recording records submitted by the defendant, the defendant presented to the defendant an adult identification card that the juveniles of this case lent from the figures before this case occurred, and it appears that the defendant has confirmed it.

B. However, according to the above evidence, the following circumstances are acknowledged.

1) It is difficult to view the appearance of the instant juveniles, as a matter of course, expressed in field photographs (12 pages of investigation records), as a appearance to believe that they are adults.

Even according to the defendant's statement, the defendant also requested the juvenile of this case who visited the restaurant of the defendant prior to this case to present his identification card and confirmed his age.

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