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(영문) 의정부지방법원 2020.11.05 2020고정987
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates an entertainment drinking house under the trade name of “C” in both weeks.

The owner or employee of a business establishment subject to prohibition of access by and employment of juveniles shall verify the age of access by juveniles and prohibit juveniles from entering the business establishment, and no person shall sell, lend, distribute, or provide free of charge alcoholic beverages that are drugs harmful to juveniles to juveniles.

Nevertheless, on February 23, 2020, the Defendant, from around 21:00 to 22:15 of the same day, did not verify the age of five juveniles, including D (17 years of age) and allowed them to enter the same place, and sold 200 won of beer, which is a drug harmful to juveniles, to juveniles.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement by the police about E;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (Juvenile F Call) and a report on investigation (Juvenile D Telephone Call);

1. Relevant legal provisions concerning facts constituting an offense, Articles 59 subparag. 6, 28(1) (a) of the Act on the Protection of Juveniles from Sexual Abuse (a point of selling drugs harmful to juveniles to juveniles), Articles 59 subparag. 8, 29(2) (a) of the Act on the Protection of Juveniles from Sexual Abuse) and the selection of fines;

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. The instant crime on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment is that the Defendant had five juveniles enter an entertainment tavern and sold beer to such juveniles, and the nature of the crime is not good in light of the circumstances and content of the crime.

However, considering the favorable circumstances such as the defendant's acknowledgement of all the charges of this case late and the defendant's absence of criminal records and criminal records beyond the fine, the punishment of the summary order against the defendant is somewhat excessive.

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