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(영문) 수원지방법원 2019.09.06 2018고정585
청소년보호법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates an entertainment business with the trade name “C” in Suwon-si B.

1. The owner or employee of a business establishment prohibited from gaining access to a juvenile establishment which violates the Juvenile Protection Act by allowing access to such business establishment shall verify the age of the person having access to the business establishment and prohibit juveniles from gaining access to such business establishment;

Nevertheless, at around 22:00 on February 21, 2017, the Defendant entered the above C, which is a juvenile establishment prohibited from access without confirming the age of D(18), E(17), F(16), G(18).

2. No person who violates the Juvenile Protection Act by selling alcoholic beverages to juveniles shall sell alcoholic beverages to juveniles;

Nevertheless, around 22:00 on February 21, 2017, the Defendant sold to D, E, F, and G alcoholic beverage owners 2 disease, 12 disease, and 4 disease disease, which are alcoholic beverages, to the juveniles listed in paragraph 1 of the above C.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each statement of witness E, F and G in the third protocol of trial;

1. Each police interrogation protocol against the accused;

1. Application of Acts and subordinate statutes to photographs (record one copy of evidence, 42 pages);

1. Article 59 Subparag. 6 of the Juvenile Protection Act (Amended by Act No. 14067, Mar. 2, 2016); Article 28(1) of the former Juvenile Protection Act (Amended by Act No. 14067, Mar. 2, 2016); Article 59 Subparag. 8 of the former Juvenile Protection Act (Amended by Act No. 14067, Mar. 2, 2016); Article 29(2) of the former Juvenile Protection Act (Amended by Act No. 14067, Mar. 2, 2016); and each

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334(1) A of the Criminal Procedure Act provides that a provisional payment order shall be issued.

In light of the contents and legislative purpose of the Juvenile Protection Act, a person who sells drugs harmful to juveniles, such as alcoholic beverages, imposes a very strict liability for not selling such drugs to juveniles.

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