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(영문) 서울동부지방법원 2020.05.12 2020고정92
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a restaurant in Gwangjin-gu Seoul Special Metropolitan City(C).

No one shall sell drugs harmful to juveniles, etc. to juveniles.

Nevertheless, on December 1, 2019, the Defendant did not verify the age of juvenile D (n, age 15) in the above restaurant, and sold three bottles and beer, which are drugs harmful to juveniles, to them.

Summary of Evidence

1. Partial statement of the defendant;

1. The written statement of the defendant;

1. The written statement of E, F, G, and D [the defendant was offered to the juveniles, but the female students' physical strength was large, and the defendant was held with their age, and all of them were adults at the time of asking their age, and thus there was no intention to commit the crime of this case as a matter of course. However, the court affirmed the following circumstances acknowledged by the evidence duly adopted and investigated by the court, i.e., all of the female students at the time of this case were 15 years old, and the defendant stated that they were asked their ages at the time of this case. However, the defendant did not confirm that they were aware that they were provided alcoholic beverages to female students without confirming their status. Thus, the defendant could not accept the defendant's assertion that there was no intention to commit the crime of this case or defense counsel because the defendant did not confirm the age of the male students despite the fact that 2, male and female students were 17 years old.

1. Subparagraph 6 of Article 59 of the Act on the Protection of Juveniles from Crimes and Article 28 (1) of the same Act;

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

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

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