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(영문) 수원지방법원 2018.11.19 2018노4546
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant: (a) confirmed the identification card of a juvenile (hereinafter “juvenile of this case”)’s other daily behaviors as indicated in the judgment below at the time of the instant case; (b) confirmed that the juvenile of this case was a college student at the time of the instant case’s mobile phone; and (c) had the juvenile of this case enter the instant business establishment because the juvenile of this case was both adults; (d) the Defendant did not know the fact that the juvenile of this case was not an adult; and (e) did not have any intention to sell the juvenile’s alcohol.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. Determination as to the assertion of mistake of facts reveals that the Juvenile Protection Act: (a) prohibits a person who intends to sell a drug harmful to juveniles, such as alcoholic beverages, from selling, distributing, or providing such drug free of charge; and (b) imposes an obligation to verify the age of the other party on the person who intends to sell such drug (see Articles 28(1) and 28(3) of the Juvenile Protection Act). In light of the aforementioned provisions and the legislative purpose and purport of this Act, the Juvenile Protection Act imposes on the person who sells the drug harmful to juveniles, such as alcoholic beverages, an extremely heavy responsibility for not selling such drug to the juvenile; and (c) barring any circumstance that objectively deemed that the sale of the drug is objectively difficult to doubt the age of the person subject to the age group probable to be the juvenile, the person’s age should be confirmed based on his/her resident registration certificate or evidence of public probative value of age equivalent thereto

If it is doubtful that the photographs and objects of the resident registration certificates presented by the subject are different, there are many cases where the juvenile conceals his identity and age and purchases alcoholic beverages, so the owner of the business is in detail the photograph and objects of his resident registration certificates.

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