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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The Defendant is a person who operates a general restaurant with the trade name “D” in permanent residence C.
No person shall sell, lend, distribute, or provide free of charge drugs, etc. harmful to juveniles to juveniles.
그럼에도 불구하고, 피고인은 2015. 5. 25. 01:10 경 영주시 C 피고인이 운영하는 ‘D’ 음식점에서 신분증 등으로 연령을 제대로 확인하지 않은 채, 청소년인 E( 여 ,17 세) 등 4명에게 청소년 유해 약물인 소주 5 병, 칵테일 3 잔, 크림 맥주 3 잔 등 도합 49,500원의 주류를 판매하였다.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Each statement of F, G, E, and H;
1. Application of each statute on photographs;
1. Article 59 of the relevant Act and Articles 59 subparagraph 6 and 28 (1) of the Juvenile Protection Act, the selection of fines for criminal facts, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Penalty fine of KRW 1,000,000 to be suspended;
1. The defendant and his defense counsel's assertion as to the argument of the defendant and his defense counsel under Article 59 (1) of the Criminal Code of the Suspension of Sentence (the following circumstances favorable to the reasons for sentencing) were presented by three of the four of the juveniles at the time of the charge, and the appearance and the tea of the above juveniles were adults. The defendant asserted that there was no intention to sell liquor to juveniles.
In accordance with the Juvenile Protection Act, the business owner and employees of a business establishment prohibited from access by juveniles are obliged to verify the age of juveniles based on resident registration certificates or evidence of public probative value of age to the degree of age, unless there are circumstances where it is objectively difficult to doubt the visitors as juveniles, and the face, age, appearance, etc. of the presenters who are presented in the process of such confirmation are observed as the face, face, photograph, etc. of the presenters.