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(영문) 대구지방법원 김천지원 2016.08.23 2016고정318
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

The defendant is a person who operates the headline C 1st floor "D" in the Gu and America.

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

Nevertheless, around April 3, 2016, the Defendant sold alcoholic beverages and liquors equivalent to KRW 110,000,00 in total, including 14 Sc and 10,000, to nine youth E (17 tax) who had been a guest at the 'D' 'D' 'D' house located in the Gu-si C1st, Gu-si, Si-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F or G by the police;

1. Each statement of H, I, E, J, K, L, and M;

1. Application of Acts and subordinate statutes to police investigation reports (including photographs, etc.);

1. Article 59 of the relevant Act and Articles 59 subparagraph 6 and 28 (1) of the Juvenile Protection Act, the selection of fines for criminal facts, and the selection of fines;

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

1. It is recognized that the reason for sentencing of Article 334(1) of the Criminal Procedure Act for sentencing of the Criminal Procedure Act is that the defendant demanded certain juveniles at the time of the instant crime to present identification cards, and that some of the juveniles have gone through the oral procedure to confirm their age.

However, in light of the purport, contents, etc. of the Juvenile Protection Act, since an employer, such as a head office, etc., who sells alcoholic beverages harmful to juveniles, as in the instant head office, is responsible for not selling alcoholic beverages to juveniles for the protection of juveniles. Thus, in the case of selling alcoholic beverages in head office, etc., the subject’s age should be verified based on the resident registration certificate or other evidence of public probative value equivalent thereto, and if there are doubts such as the difference between the photograph and actual object on the resident registration certificate presented by the subject, the case of purchasing alcoholic beverages using other person’s resident registration certificate in order to conceal his status and age is many.

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