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
No person shall sell alcoholic beverages that are harmful to juveniles.
Nevertheless, on December 25, 2016, the Defendant sold approximately 30,000 alcoholic beverages, including approximately 23:00 alcoholic beverages, to E (18) a juvenile, who was a customer, from “D main store” located in Macheon-si, Macheon-si, 23:00, to E (18) who was a juvenile harmful drug.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Statement of control, business registration certificate, notification to the department related to the report of the case of 112, and field photographs;
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
1. Article 59 Subparag. 6 of the former Juvenile Protection Act (Amended by Act No. 14446, Dec. 20, 2016); Articles 28(1) and 28(1) of the same Act regarding criminal facts; the choice of fines
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. The judgment on the issue of the main text of Article 186(1) of the Criminal Procedure Act regarding the issue of litigation costs is that the defendant sold alcoholic beverages without confirming identification cards to the juvenile E at the time of the instant case. However, the defendant was a guest who had visited the defendant's business place in the previous case, and confirmed that he was an adult by confirming identification cards of E at the time, and thus, he sold alcoholic beverages without confirming identification cards on the day of the instant case. The defendant did not have a criminal intent in violation of the Juvenile Protection Act.
The argument is asserted.
The following circumstances, which were duly adopted and examined by this Court, i.e., E had been visited the “D” of this case before this Court, but did not drink at that time.
At the time, he did not possess another person's identification card, and the defendant did not confirm his identification card.
On the day of this case, the identification card was prepared for the inspection of the identification card and was possessed by another person who was born in 94, but the defendant did not inspect the identification card.