logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2021.02.16 2020고정722
청소년보호법위반
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates a general restaurant under the trade name of "C" from the revised Gu of Sungnam-si B and the second floor of "C".

1. The owner or employee of a business establishment prohibited from having access by and employing juveniles shall verify the age of persons who have access to the business establishment and shall prohibit juveniles from having access to the business establishment;

Nevertheless, on May 12, 2020, the Defendant entered the above head office, which is a business establishment that prohibits juveniles from entering and departing from around 01:00, without confirming the age of 4 juveniles, such as juvenile D( South and 18 years old) visiting as customers.

2. No one shall sell, lend, or distribute to juveniles drugs, etc. harmful to juveniles;

Nevertheless, the Defendant sold to four juveniles, such as the above youth D( South, 18 years old,) who had been a customer, the amount equivalent to KRW 5 Byung(20,000) and KRW 41,400, which are harmful drugs to juveniles, at the time and place described in paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a witness E and D's on-site photo investigation report (abstincts, such as resident registration cards, etc. by juveniles);

1. Relevant legal provisions concerning facts constituting an offense, Article 59 subparag. 8, Article 29 subparag. 2 of the Act on the Protection of Juveniles from which punishment is selected (a point of access to a business establishment prohibiting access by juveniles), Article 59 subparag. 6, and Article 28 subparag. 1 of the Act on the Protection of Juveniles (a point of sale of drugs harmful to juveniles), and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Since the Defendant alleged the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order confirmed the juvenile’s identification card, the Defendant did not have intention to violate the Juvenile Protection Act.

2. Determination

A. In light of the legislative intent of the Juvenile Protection Act, the employers and employees of establishments prohibited from entering into and departing from the said establishments shall not have access to juveniles for the purpose of protecting juveniles. Therefore, the employers and employees of establishments banned from entering into and departing from the establishments are subject to a very strict responsibility.

arrow