(영문) 제주지방법원 2015.03.27 2014고단1790

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(영문) 제주지방법원 2015.03.27 2014고단1790

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 is a person who operates a general restaurant in the name of "D" at Jeju.

No one shall sell, lend, or distribute tobacco or alcoholic beverage harmful to juveniles to juveniles, or provide them free of charge for profit.

Nevertheless, at around September 21, 2014, the Defendant received 29,000 won and sold 29,000 won and 29,000 won, with 3 male and female juveniles, including E (n, 16 years of age), without confirming the age of 3 male and female juveniles, such as E (n, 16 years of age).

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement prepared by E, F, G and H;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 59 subparag. 6 and 28(1) of the Act on the Protection of Juvenile Crimes and the Selection of a fine for a crime (the defendant first contests the facts charged that only one adult woman was placed in the order of 1 soldier's disease, and then the juvenile was present in the presence of the juvenile. However, if the juvenile's photograph was put in the order of alcohol, it is apparent that the defendant sold the 1 soldier's disease in the middle of 2 week and 1 soldier's disease. The defendant also stated in the court that the defendant could have received an additional order of 1 soldier's disease in the middle of delivery. Even according to the defendant's change in the prosecution, even if the defendant tried to inspect the citizen's resident registration certificate of the juvenile who was last joined in the police who was put in the order of other customers, it was not confirmed that the defendant had sold drinking to the juvenile in the light of the fact that it appears after receiving an additional order of drinking.

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

1. The sentence of the provisional payment order under Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the amount or quantity of alcohol sold to juveniles for the reason of sentencing is not high; (b) the records of punishment for the same kind of crime, motive and circumstance of the crime; (c) the defendant’

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