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(영문) 광주지방법원 해남지원 2017.02.09 2016고정129
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant is a general restaurant operator of the trade name, “C,” located in the Southern Navy B (Ground).

1. No one shall sell or provide harmful drugs, etc. to juveniles free of charge;

Nevertheless, on September 3, 2016, the Defendant did not verify the age of D (18 tax, leisure), E (18 tax, leisure), which is a juvenile with three adults, within the above C business place around September 4, 2016 to September 22:0, 2016, and sold 10 C, which is equivalent to the market price of 96,000 won, to them.

Accordingly, the defendant sold to 2 juveniles alcoholic beverages, which are harmful to juveniles.

2. No one shall sell or provide harmful drugs, etc. to juveniles free of charge;

Nevertheless, the Defendant from September 3, 2016 to the same month.

4. At the same place as around 01:20, at around 01:20, juveniles did not verify the age of F (17: South) et al. and five (271:00 won at the market price and sold to them.

Accordingly, the defendant sold six juveniles alcoholic beverages, which are harmful to juveniles.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D, G, and E;

1. A written statement of reference witnesses;

1. Receipts 1, on-site photographs and photographs of place of business registration at the time of regulation;

1. A criminal investigation report (a written investigation report) and internal investigation report (a basic certificate of reference) (the defendant is not subject to a crime of violating the Juvenile Protection Act because he/she was unaware of the fact that he/she was a juvenile at the time of the case;

The argument is asserted.

However, in light of the contents of the provisions of the Juvenile Protection Act and the legislative intent thereof, there is a strict responsibility for not selling or providing alcoholic beverages to juveniles for the protection of juveniles.

Therefore, unless there are circumstances that make it objectively difficult to doubt customers as juveniles, the main business owner of the store is likely to be juveniles, to the extent of resident registration certificate or similar.

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