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(영문) 서울중앙지방법원 2020.03.27 2019고정801
청소년보호법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is an employee of the “Czek” located under the Dongjak-gu Seoul Metropolitan Government Ground B.

No person shall sell drugs harmful to juveniles to juveniles.

Nevertheless, between September 23, 2018 and around 04:22, the Defendant sold a total of KRW 86,000, including 4 illness, 1 disease, beer, 300CC, and Saju, and 86,000, and sold alcoholic beverages, which are drugs harmful to juveniles, to juveniles.

Summary of Evidence

1. Legal statement of witness D;

1. Partial statement of witness E in the fourth trial record;

1. Statement made by a witness F in the fifth trial records;

1. A protocol concerning the suspect examination of the accused;

1. Protocol concerning the interrogation of each police suspect regarding E;

1. Application of each statute on police statements made to D and F;

1. Article 59 Subparag. 6 of the former Juvenile Protection Act (amended by Act No. 15913, Dec. 11, 2018); Articles 28(1) and 28(1) of the same Act regarding criminal facts; the choice of fines

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion argues that the Defendant, at the time of the instant case, confirmed that he was a juvenile, and confirmed that he was an adult by conducting a family identification card inspection, and that even if he did not conduct a family identification card inspection, he was conducting cremation with the longer head of D at the time, and thus, he could not be aware that he was a juvenile on external basis.

2. The owner or employee of the business establishment banned from accessing juveniles is responsible for not allowing juveniles to enter the business establishment for the purpose of protecting juveniles.

As such, the owner or employee of a business establishment prohibited from access by juveniles is objectively considered to have access to the age group, unless there is any circumstance that it is difficult to suspect the access person as a juvenile, the resident registration certificate or other similar level of age shall be the public.

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