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(영문) 전주지방법원 정읍지원 2015.10.06 2015고정85
청소년보호법위반
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The Defendant is a person who operates the Fur Cable Embling House with the trade name “D” in Jung-Eup City.

As such, the owner or employee of a business establishment subject to prohibition of access by and employment of juveniles must verify the age of access persons and allow juveniles to access or use the business establishment.

Nevertheless, at around 22:30 on February 7, 2015, the Defendant did not confirm the age of the juvenile E (the age of 16) at the above establishment, and had the juvenile enter the establishment and sell the alcoholic beverages with a total of KRW 29,00,00, such as alcoholic beverages with a total of KRW 4,00,00, and had the juvenile drink.

[In light of the contents of the provisions of the Juvenile Protection Act and the legislative intent of the Juvenile Protection Act, the operators and employees of establishments that sell harmful drugs, etc. are highly responsible for complying with the provisions for the protection of juveniles. Therefore, barring any circumstances that make it difficult to doubt visitors as juveniles, barring any circumstances from an objective perspective, the subject’s age should be verified based on resident registration certificates or other evidence with public probative value of age to the same degree as that of juveniles. In a case where the operators and employees did not take any measures to confirm age in violation of the duty to verify age, barring any special circumstance, the employer and employees of the establishments shall be deemed to have dolusent intent to commit the crime of violating the Juvenile Protection Act due to the violation of the above provisions (see, e.g., Supreme Court Decisions 2006Do3713, Jul. 27, 2006; 2003Do8039, Apr. 23, 2004).

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