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Defendant shall be punished by a fine of KRW 700,000.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
Punishment of the crime
A person who manages a restaurant with the trade name "C" in Gangnam-gu Seoul Metropolitan Government B and 2, and no person shall sell, lend, or distribute alcoholic beverages harmful to juveniles, which are drugs harmful to juveniles, or provide them free of charge for profit.
Nevertheless, from 20:00 on February 10, 2019 to 00:20 on the following day, the Defendant sold to E (the age of 18) a juvenile, who was a juvenile with D and as a guest, who was present in the above restaurant.
Summary of Evidence
1. Partial statement of the defendant;
1. Each protocol of suspect suspect by the police against the accused and F;
1. Statement made to D by the police;
1. A written statement of G and E;
1. Each fact-verification of H, I, J, and K;
1. Each report on investigation;
1. Receipts and business notification certificates;
1. Determination as to the assertion by the Defendant and his/her defense counsel on CCTV closure photographs, CD one CD
1. The defendant and his defense counsel asserted that since they did not know that E (LLs and age 18) as a juvenile at the time of the instant case would make drinking together with other daily behaviors, they cannot be deemed to have sold alcoholic beverages to juveniles.
2. Determination
A. "Act of selling alcoholic beverages to juveniles" under Article 59 subparagraph 6 of the Juvenile Protection Act means an act of offering alcoholic beverages to juveniles for a fee, and where a restaurant operator sells alcoholic beverages, such as alcoholic beverages, to many persons who entered the restaurant, the restaurant operator should have known that the juvenile was included in the day and the restaurant operator was aware at the time of giving alcoholic beverages to the restaurant operator.
B. The following facts and circumstances acknowledged by the evidence duly examined and adopted by this court, namely, ① around 20:00 on February 10, 2019, the restaurant of “C” located in Gangnam-gu Seoul Metropolitan Government B and the second floor (hereinafter “instant business”) and food was fooded, and thereafter, ordered E to enter the entire company manager D and beer and beer.