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(영문) 수원지방법원 2018.08.30 2018고정947
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

Defendant

A (the age of 49) is a person who is an owner of a mutually restaurant of "D" in Suwon-si C.

No person shall sell, lend, distribute, or provide free of charge drugs, etc. harmful to juveniles to juveniles.

Nevertheless, on March 31, 2018, the Defendant sold KRW 8,000 per week 2 bottled, 1,700 C, 10,000 per week 1,70 C, 2,700 C, and 14,000 per week 14,00 C, and 15,000 per Ansan-ju, and 20,000,00 won per 1,70 C, and 20,000 won per 30,00 per 30,00 per 1,00 per 1,00,00 per 1,00,00 per 3,00 per 1,00 for 30,00 for 30,00 for 1,00 for 30,00 for 1,00 for 330.

Summary of Evidence

1. Partial statement of the defendant;

1. A simplified statement of the preparation of each reference witness (E, F, G);

1. On-site photographs, the defendant and his defense counsel's assertion

1. The summary of the assertion ① At the time of the instant case, the adult franchising was made to be a minor, E, etc., and E, etc. did not appear to be an adult such as E, etc., but did not have the intention to sell alcohol to the juvenile, on the ground that he did not ask the Defendant whether or not he is a minor.

(2) The defendant's act does not constitute an act of selling alcoholic beverages to a minor because the adult son ordered the alcoholic beverage, but the minor who was present did not ordered or calculated the alcoholic beverage.

2. Determination

A. In other words, the Defendant, who sells alcoholic beverages, needs to thoroughly verify whether the clients ordering alcoholic beverages are juveniles, and at the time of the instant case, the Defendant: (a) deemed to have been aware of the possibility of being juveniles; (b) it appears that E, etc. was aware of the likelihood of being juveniles; and (c) provided alcoholic beverages without any additional measures to confirm age, such as E, which is not a minor.

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