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(영문) 서울동부지방법원 2016.04.20 2015고정1940
청소년보호법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant is a person who is operating a general restaurant in the name of Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, “D main store.”

No one shall sell, lend, or distribute for juveniles alcoholic beverages that are harmful to juveniles, or provide them free of charge for profit.

Nevertheless, around 01:00 on September 20, 2015, the Defendant sold 2 bottles, which are juvenile harmful drugs, without verifying the age to juvenile E (17) and F (17) in the above restaurant.

Summary of Evidence

1. Each legal statement of witness E and F;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of E and F;

1. The inside photograph of D main shop [the Defendant had already verified identification cards of E and F before the occurrence of the instant case, and the E and F knew that they had sold alcohol to adults;

However, in light of the following circumstances, i.e., E/F consistently stating that the defendant does not have any demand to present his/her identification card, and the defendant acknowledged the fact that the police investigation did not verify his/her F identification card (20 pages of the investigation record), there is no negligence about the fact that the defendant sells liquor to juveniles.

It is reasonable to view it.

Therefore, Defendant’s assertion is difficult to accept.

Application of Statutes

1. Article 59 of the relevant Act and Articles 59 subparagraph 6 and 28 (1) of the Juvenile Protection Act, the selection of fines for criminal facts, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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