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(영문) 창원지방법원 거창지원 2015.10.01 2015고정47
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant operates a general restaurant in the name of "D" in the Gyeong-gun, Chungcheongnam-gun.

No one shall sell, lend or distribute alcoholic beverages that are drugs harmful to juveniles to juveniles.

Nevertheless, around 23:30 on March 14, 2015, the Defendant sold to juvenile E (the 17-year-old), etc., who entered the above restaurant, with an adult line, six diseases and one disease, which is a drug harmful to juveniles, in total, KRW 32,00,00, together with one kimchi, and one disease, which is a drug harmful to juveniles, in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The police statement concerning F;

1. G documents;

1. On-site photographs, receipts, and copies of business reports (the defendant and his defense counsel did not have a restaurant for drinking alcohol, and therefore, the defendant asserts that the defendant cannot be deemed to have sold alcoholic beverages to juveniles. However, as long as the defendant was in a state of drinking alcohol by providing alcohol to juveniles without confirming identification cards or asking their age at the time of committing the crime of this case, the defendant's act of violation of the Juvenile Protection Act is established even if he did not actually drink alcohol. The defendant's assertion against this is rejected).

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

1. Selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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