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(영문) 서울중앙지방법원 2014.04.07 2013고정6048
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant is operating a door-line with the trade name “D” from the first floor of Gwanak-gu in Seoul Special Metropolitan City.

No one shall sell alcoholic beverages which are drugs harmful to juveniles to juveniles.

Nevertheless, around 02:30 on September 21, 2013, the Defendant sold alcoholic beverages equivalent to the aggregate of 8,000 won, such as 2 disease, etc., which are drugs harmful to juveniles, without verifying the age to four juveniles, including E (15 years of age at the time), F (15 years of age at the time), G (16 years of age at the time), and H (16 years of age at the time).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each half of the documents prepared G and H;

1. A business notification certificate;

1. Application of statutes on site photographs;

1. Article 59 of the Juvenile Protection Act and Articles 59 subparagraph 6 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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the instant case, the Defendant believed to present another person’s resident registration certificate prior to G and H, and appears not to have confirmed the age of the juvenile at the time of recording the facts constituting the crime, taking into account all the circumstances such as the Defendant’s occupation, property status, age, character and conduct, environment, etc. for which no criminal punishment history exists, the Defendant’s occupation, property status, and other conditions

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