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The Defendant is not guilty. The summary of the judgment of this case is publicly notified.
Reasons
1. No person charged with the instant case shall sell, lend, or distribute drugs harmful to juveniles or provide them free of charge for profit;
Nevertheless, at around 23:40 on August 9, 2014, the Defendant presented another person’s resident registration certificate at the main point of “D’’s operation of the Defendant in Geum-gu, Busan.” On August 9, 2014, the Defendant sold to the said juveniles 200 won of 10,000 as drugs harmful to juveniles, without verifying the age of the said juveniles’ age, when the juvenile E (17 years of age) goes out of another person’s resident registration number.
2. Determination
(a) The owner or employee of a business establishment prohibited from allowing juveniles to enter the business establishment for the purpose of protecting juveniles is given a very strict responsibility for not allowing juveniles to enter the business establishment;
As such, the owner and employees of a business establishment prohibited from allowing access to juveniles shall verify the age of the person subject to access based on resident registration certificates or other evidence of public probative value of age to the age group that is likely to be juveniles unless there are circumstances that make it difficult to doubt the person subject to access objectively.
B. (See, e.g., Supreme Court Decision 2003Do8039, Apr. 23, 2004).
According to the evidence duly adopted and investigated by this court, the following circumstances are revealed.
① At the time, E presented the resident registration certificate of G in 194, which was acquired by the Defendant as the main box to the Defendant, and entered the above main points.
② The F stated that the police did not verify the identification card of the Defendant and only the resident registration number was confirmed. However, the F stated that the Defendant presented the Defendant’s driver’s license that was acquired by the main word in 1994 and entered the said main point.
F, while taking the responsibility of perjury or illegal uttering of official document, the F made the above statement, and acquired and used identification card.