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(영문) 광주지방법원 2013.11.05 2013고정1256
청소년보호법위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From March 19, 2012, the Defendant is a person who is engaged in food service business in his trade name in Gwangju Mine-gu C and the first floor D.

No person shall sell harmful drugs, etc. to juveniles for such juveniles, and when alcoholic beverages are supplied, he/she shall verify the age.

Nevertheless, at around 04:20 on May 10, 2013, the age was not confirmed to E (Nam, 17 years old) and 2 others who are juveniles at the above D-D cafeteria, and the C-C-C-C-C-C-C-C-C-C-W-W-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

Summary of Evidence

1. Partial statement of the defendant;

1. A copy of each statement of E, F and G;

1. A report on the control of a business place;

1. Application of the receipt statute

1. Relevant legal provisions concerning facts constituting an offense, and Articles 59 subparagraph 6 and 28 (1) of the Juvenile Protection Act which choose a penalty;

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

1. The defendant and his defense counsel asserted that the issue of Article 334(1) of the Criminal Procedure Act of the provisional payment order had no intention to sell alcoholic beverages with the knowledge of the non-party E and two adults.

In order to protect juveniles, the employers and employees of establishments prohibited from having access to juveniles are given a very strict responsibility for not allowing juveniles to enter such establishments for the purpose of protecting juveniles.

As such, barring any special circumstance, the owner or employee 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 evidence of public probative value of age to the degree of age that is likely to be juveniles, unless there are any circumstances that make it difficult to doubt the person subject to access from an objective point of view. If the employer or employee violated his/her duty to verify the age and fails to take any measures to confirm the age, and thereby the employer or employee gains access to the business establishment, barring any special circumstance, the employer or employee is in violation of the above legal provisions.

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