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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is a person who operates an entertainment drinking house with the trade name of “D” from C4, Nam-si, Namyang-si.
No one shall sell or provide harmful drugs to juveniles to juveniles, and the owner or an employee of a business establishment banned from access by or employing juveniles shall verify the age of persons who have access to the business establishment and prohibit juveniles from accessing the business establishment.
Nevertheless, around 23:50 on February 18, 2015, the Defendant, without verifying the age of a person having access to a entertainment drinking house “D”, entered a juvenile E (the age of 16), F (the age of 17), and G (the age of 16) to allow the said juvenile to enter a business establishment banned from entry and departure of juveniles, and sold to the said juvenile an amount equivalent to 30,700 won, such as the harmful drugs harmful to juveniles.
Summary of Evidence
1. Each legal statement of witness E, F and G;
1. On-site photographs and receipts video Defendant and defense counsel asserts that the Defendant’s identification card was confirmed at the time of the instant case, and thus, it does not constitute a crime.
In light of the purport, contents, etc. of the Juvenile Protection Act, an employer, etc., who sells alcoholic beverages that are harmful to juveniles, like the instant entertainment tavern, is responsible for not selling alcoholic beverages to juveniles for the protection of juveniles. As such, in the event that alcoholic beverages are sold at the main shop, etc., the subject’s age should be verified based on the resident registration certificate or other evidence with public probative value of age to the extent similar thereto, and if there are doubtful suspicions such as the difference between photographs and real objects on the resident registration certificate presented by the subject, the juvenile purchases alcoholic beverages by using other person’s resident registration certificate to conceal his/her status and age in light of the fact that there are many cases where the subject purchases alcoholic beverages by using other person’s resident registration certificate.