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(영문) 서울중앙지방법원 2019.03.27 2019고정45
청소년보호법위반
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

The defendant is a general restaurant worker in Gangnam-gu Seoul, Seoul.

No one shall sell alcoholic beverages to juveniles.

Nevertheless, on August 26, 2018, the Defendant did not verify the age and identification card for the youth E (14 years of age) and two other persons, who found in Gangnam-gu Seoul Metropolitan Government D as customers, and sold the alcoholic beverages of KRW 28,000 by selling four bottles equivalent to the market price of KRW 4,00,000, and the market price of KRW 40,000.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Report on occurrence (violation of the Juvenile Protection Act- Sale of Minor Alcoholic Beverages), - Statement - Application of Acts and subordinate statutes;

1. Article 59 of the Juvenile Protection Act and Articles 59 subparagraph 6 and 28 (1) of the same Act concerning criminal facts and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects the defendant's wrong, and there is no history of punishment for the same kind of crime. However, the defendant's age at the time of selling alcoholic beverages is limited to 14 years old, 15 years old (2004), and the pertinent juvenile sells alcoholic beverages to the above juvenile without any particular measure even though he did not present his identification card, the Juvenile Protection Act's legislative intent of the Juvenile Protection Act, which requires the seller of alcoholic beverages to confirm the purchaser's age and identity by public document, and other conditions of sentencing as shown in the record, such as the defendant's age, occupation, character and behavior, family relationship, living environment, circumstances leading to the crime, etc., shall be determined as ordered.

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