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(영문) 서울남부지방법원 2013.10.07 2013고정850
청소년보호법위반
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Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “C” in Yeongdeungpo-gu Seoul Metropolitan Government.

No one may sell, lease, distribute, or provide harmful drugs to juveniles free of charge, etc., however, the Defendant sold alcoholic beverages equivalent to KRW 30,000 of the market price of alcoholic beverages, such as 200cc and 2 disease, which are harmful drugs to juveniles, in the above restaurant around 03:10 on October 27, 2012.

Summary of Evidence

1. Each legal statement of witness D, E, F, and G;

1. The part concerning E and D statements made by the prosecution of the defendant in the interrogation protocol of the defendant (2 times)

1. Each statement of E and D;

1. Control note;

1. On-site photographs;

1. Application of Acts and subordinate statutes governing business reporting certificates;

1. Relevant Article of the Juvenile Protection Act (Law No. 11048) and Articles 59 subparagraph 6 and 28 (1) (Selection of Fine) of the former Juvenile Protection Act (Act No. 11048);

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. At the time of the instant case, the Defendant’s assertion was conducted by the Defendant, and one of the six customers was confirmed to be his age. One of the five remaining five customers was confirmed to be not a juvenile by showing the 91-year identification card, the 91-year identification card, the 92-year identification card, the 93-year identification card, and the 93-year identification card. Although the remainder of one person was not present, the Defendant was thought to be a 93-year identification card with the 93-year identification card and the 93-year identification card, and the said customer was found not guilty.

2. However, considering the following circumstances acknowledged by the evidence as above, it is reasonable to view that the Defendant sold alcoholic beverages without examining identification cards to juveniles.

A. Juvenile D and E, one of the six above, are consistent from investigative agencies to this court.

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