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(영문) 춘천지방법원 강릉지원 2014.02.18 2013고정481
청소년보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Although anyone is prohibited from selling drugs harmful to juveniles, etc. to juveniles, from selling them to juveniles, at the frequency of “D” operated by the Defendant from around 18:00 on February 17, 2013 to around 20:00 on the same day, he/she received from juveniles E (the age of 17) and from 89,000 Triju 3 illness.

Summary of Evidence

1. The date and time stated in the facts charged, and part of the legal statement that the defendant sold alcoholic beverages to E in the place;

1. Each legal statement of witness E and F;

1. Photographs (E);

1. Each D Books;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 59 subparagraph 6 of the Juvenile Protection Act and Article 28 (1) of the same Act concerning facts constituting an offense;

1. Determination as to the defendant's assertion under Article 59 (1) of the Criminal Act (the punishment to postpone a sentence: fine of 500,000 won, the detention in a workhouse: 50,000 won per day) (the first offender, the circumstances under which the defendant was controlled, etc.);

1. The Defendant asserts to the effect that the Defendant did not recognize E as a juvenile from the investigative agency to the court, or that there was an objective circumstance that makes it difficult to suspect the visitors as a juvenile.

2. The owner of a business place selling alcoholic beverages ought to verify the subject’s age based on resident registration certificates or evidence with public probative value of age sufficient to the extent of age, barring any circumstances where it is objectively deemed that it is difficult to doubt the person as a juvenile from an objective perspective. If the owner of a business place selling alcoholic beverages sells alcoholic beverages to juveniles without taking any measures to verify age by violating his/her duty to verify age, barring any special circumstance, the owner of the business place’s sales of alcoholic beverages is recognized as willful misconduct with regard to selling alcoholic beverages to juveniles (see, e.g., Supreme Court Decisions 2003Do8039, Apr. 23, 2004; 2012Hun-Ma784, May 30, 2013).

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