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(영문) 서울서부지방법원 2014.10.07 2014고정520
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On October 9, 2013, the Defendant was a person operating the D convenience points in Eunpyeong-gu Seoul Metropolitan Government, and around October 10:14, 2013, at the above convenience store, the Defendant sold five alcoholic beverages (KGB Montreal Bomond 3 diseases, knife 1 diseases, knife 1 diseases, knife 1 diseases) to E (15 years old), a juvenile harmful drug.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Legal statement of witness E;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant Article 58 of the Juvenile Protection Act and Articles 58 subparagraph 3 and 28 (1) of the same Act concerning criminal facts and the selection of fines;

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

1. The Defendant and the defense counsel’s assertion on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act: (a) was true that the Defendant sold alcoholic beverages without confirming the identification card to E on the date and time indicated in the facts charged; (b) was in possession of the identification card of other adult and purchase of alcoholic beverages at the convenience store operated by the Defendant, and E did not confirm the identification card to be adults, and thus, sold alcoholic beverages. Thus, the Defendant and the defense counsel did not intend to violate the Juvenile Protection Act.

Article 28(1) of the Juvenile Protection Act provides that "no person shall sell, lend, distribute (including where he/she sells, lends, or distributes drugs, etc. harmful to juveniles through an automatic machine, anless-person sales device, or a communications device) or provide them free of charge to juveniles," and Article 28(3) of the same Act provides that "a person who intends to sell, lend, or distribute drugs, etc. harmful to juveniles shall verify the age of the other

As such, a person who sells alcoholic beverages, etc. is highly seriously responsible for not selling alcoholic beverages to juveniles for the protection of juveniles, the age group that is likely to be a juvenile unless there are circumstances that make it difficult to doubt the other party as a juvenile from an objective point of view.

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