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(영문) 창원지방법원 2018.01.24 2017고정605
청소년보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who operates a “D” singing room, which is a juvenile entry and employment-prohibited business establishment, as a building in Kimhae-si, or an entertainment business establishment in 704.

1. The owner or employee of a business establishment which is prohibited from having access by and employing juveniles who have violated a business establishment harmful to juveniles shall verify the age of persons who have access to the business establishment and shall prohibit juveniles from having access to the business establishment;

Nevertheless, on May 20, 2017, the Defendant did not verify the age of six juveniles, such as E ( South and 18 years old), who were the juveniles of the above business place, and entered the room of the above business place to drink and singing, thereby having the above juveniles enter the above business place without confirming the age of six juveniles.

2. No one shall sell alcoholic beverages that are harmful to juveniles to juveniles.

Nevertheless, at the time and place of the above Paragraph 1 above, the defendant sold 16 Byung and 3 Macju to six juveniles, including the above Paragraph 1, at the same time and place, 156,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each legal statement of witness F, G and H in each part;

1. Application of Acts and subordinate statutes to control site photographs, business registration certificates, invoices and photographs;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 6 of Article 59, Article 28(1) of the Act on the Protection of Juveniles from among the options of punishment (which sells drugs harmful to juveniles) and Articles 59 Subparag. 8 and 29(2) of the Act on the Protection of Juveniles (which allows juveniles to enter business establishments prohibited from entering juveniles) and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Recognizing that Article 59(1) of the Criminal Code of the Suspension of Sentence (the Defendant’s visit to the establishment) recognizes that part of the daily activity visiting the establishment does not examine the identification card and does not examine the remainder of the daily activity, and in the future, it is against the future.

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