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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2016.04.28 2015노1425
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant, as the captain of D’s occupation, was seated in the store and carried out duties such as settlement, at the time of entering and leaving F and G (hereinafter “F, etc.”) as the captain of D.

H examines the age by providing the F, etc. as a room in the store, and asking the F, etc., and the F, etc. will last show the identification card while drinking it.

was made.

Since then, F et al. did not pay the drinking value, and the defendant filed a report with 112 after the escape, and it became clear that F et al. was a juvenile.

If the defendant knew that F, etc. was a juvenile, he would not report it to 112.

Therefore, even if the defendant did not confirm his identification card, he sold alcoholic beverages to juveniles without confirming whether he was a juvenile intentionally.

subsection (b) of this section.

Therefore, the defendant should be pronounced innocent.

2. Determination

A. In light of the legislative intent of the Juvenile Protection Act, the employers and employees of establishments prohibited from allowing access to juveniles are highly strict and responsible for not allowing access to such establishments for the protection of juveniles. Therefore, the employers and employees of establishments banned from access to juveniles should verify the age of juveniles based on resident registration certificates or evidence of public probative value of age to the age group that is likely to be juveniles from an objective perspective unless there are any circumstances that make it difficult to find them as juveniles, barring any special circumstances. (See Supreme Court Decisions 93Do2914, Jan. 14, 1994; 2002Do2425, Jun. 28, 2002; 2002Do2425, Jun. 28, 2002). If juveniles enter the relevant establishments due to their failure to take any measures to verify their age due to their violation of the duty to verify their age, barring special circumstances, at least the owners and employees of establishments commit a violation of the Juvenile Protection Act.

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