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(영문) 수원지방법원 2017.11.16 2016고정2673
청소년보호법위반
Text

The defendant shall be innocent.

Reasons

1. No person prosecuteds shall sell alcoholic beverages that are harmful to juveniles;

Nevertheless, at around 22:41 on April 30, 2016, the Defendant sold alcoholic beverages by bringing alcohol to G without undergoing an identification card to verify the age of G (16 tax) even though he/she was able to do so on the table table that he/she had been holding two parallels of sub-state 2 and sub-state 2.

2. Determination

A. In a case where a person operating a restaurant of the relevant legal doctrine was only an adult at the time of drinking alcohol to the persons who enter the restaurant, and he/she later drinking alcohol to them, and later became joint with juveniles, the restaurant operator was under circumstances that could anticipate that the juvenile later was joint with him/her, or that the juvenile later drinking part of the remaining alcoholic beverages, unless he/she was aware after the juvenile was joint with him/her that he/she was a joint with him/her, or that he/she was a joint with him/her when he/she became a joint with him/her.

Even if the restaurant operator had "act of selling alcoholic beverages to juveniles" under Article 59 (6) of the Juvenile Protection Act.

The above legal principle does not mean that the restaurant operator last participated in the restaurant operator, and that the restaurant operator last stated that the restaurant operator provided the remaining alcoholic beverage according to the alcoholic beverage.

As otherwise, it does not change (see, e.g., Supreme Court Decisions 2001Do6032, Jan. 11, 2002; 2008Do11282, Apr. 9, 2009). (b) The following facts are recognized according to the records of this case, the witness E, and the F’s respective legal statements, etc.

(1) The defendant, alone, operates the store in this case, and has no other employee.

② Around 22:00 on the day, the Defendant inspected the identification card to enter E (1) and F (22:00 on the day, and F is an identification card that appears to be born in 97 (1:0 on the day). However, F is an identification card that appears to have been born in 97.

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