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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The Defendant is a person who operates a restaurant business in Suwon-si B 10 on the first floor of Suwon-si.
No one shall sell drugs harmful to juveniles, such as alcoholic beverages, to juveniles.
Nevertheless, on January 4, 2015, the Defendant violated the Juvenile Protection Act by selling an amount equivalent to KRW 90,000,000, such as beer, beer, beer, beer, beef, swine meat, beded rice, etc., to C (17 years of age, Nam) who entered the said establishment without confirming the age limit of 0:50.
2. Even if the law is the main subject of the administrative control of judgment, an intentional act may be punishable in accordance with the principle of the Criminal Act, unless there is an express provision or there is an interpretation that criminal negligence is punishable.
(Supreme Court Decision 2009Do9807 Decided February 11, 2010). The returned to the instant case and the Prosecutor specified the applicable provisions of the Act to the facts charged in the instant case as Article 59 Subparag. 6 and Article 28(1) of the Juvenile Protection Act (hereinafter “the Act”). Article 59 Subparag. 6 of the Act provides that “any person who sells, lends, distributes, or provides for profit-making purposes, drugs harmful to juveniles in violation of Article 2 Subparag. 4(a)(i) and (ii) shall be punished.” Article 28(1) of the Act provides that “No person shall sell, lend, distribute, or provide free of charge, drugs harmful to juveniles.”
However, there is no penal provision for a crime of negligence, and it is difficult to view that a crime of negligence is also an interpretation of Article 59 subparag. 6 and Article 28(1) of the Act. Article 28(3) of the Act provides that a person who intends to sell, lend, or distribute drugs harmful to juveniles, etc. shall verify the age of the other party, but in light of the fact that there is no penal provision for such violation, it is necessary to apply Articles 59 subparag. 6 and 28(1) of the Act in order to punish him/her.
However, there is a problem.