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(영문) 제주지방법원 2016.05.27 2016고정127
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the general restaurant "D" in Jeju.

A food entertainment business operator shall not provide alcoholic beverages to juveniles, and when alcoholic beverages are supplied, he/she shall verify the age.

Nevertheless, around 00:30 on September 29, 2015, the Defendant sold and provided the amount equivalent to KRW 23,000,00, such as W, C, and C, C, C, C, and C, C, C, and C, C, C, and C, C, and C, C, C, and C, C, and C, and C, C, and C, and C, and C, and C, and C, and C, and C, and C, and C, and C, and C, and C, and

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E;

1. E in the statement protocol of the police officer related to G;

1. Application of Acts and subordinate statutes prepared by the F;

1. Relevant legal provisions and the choice of punishment concerning facts constituting an offense: Article 59 subparagraph 6 of the Juvenile Protection Act and Article 28 (1) of the same Act, the selection of fines;

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

1. Provisional payment order: Article 334 (1) of the Criminal Procedure Act;

1. The burden of litigation costs: Article 186(1) of the Criminal Procedure Act asserts to the effect that the Defendant was unaware of the fact that E and F were juveniles.

However, the fact that the defendant did not confirm the identification card on the day of the case is also recognized by the defendant. However, the legislative purpose of the Juvenile Protection Act is to grant to the operators and employees of establishments prohibiting juveniles from entering and leaving the establishment where juveniles are prohibited from entering and leaving the establishment to protect juveniles, or to sell drugs harmful to juveniles. ② With respect to persons who enter the age group which is probable to be juveniles, their age should be confirmed by resident registration certificate or other evidence with public probative value of age to the extent similar to that of the resident registration certificate, ③ there is the enemy who has previously been hostile with the adults or there is the enemy who had been conducting the examination of their identification card before the towing, and believed to be adults.

This is against the trend that depends on inaccurate memory.

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