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(영문) 창원지방법원 2016.08.11 2016고정219
청소년보호법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of "E" in Seongbuk-gu, Sungwon-si.

No one shall sell drugs, etc. harmful to juveniles to juveniles or provide them free of charge.

Nevertheless, at around 21:30 on December 11, 2015, the Defendant sold 15,000 won a week to G (n, 18) who is an employee of the Defendant to G (n, 18) who is a juvenile in relation to the above restaurant business.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H and I;

1. Occurrence and arrest report (violation of the Juvenile Protection Act);

1. Application of statutes on site photographs;

1. Article 62 of the relevant Act and the main sentence of Article 62 of the Juvenile Protection Act, Article 59 subparagraph 6 of the Juvenile Protection Act, and Article 28 (1) of the same Act and the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Determination as to the assertion by the Defendant and the defense counsel under Article 186(1) of the Criminal Procedure Act (Article 186(1) of the Witness G travel Expense, KRW 115,00, KRW 57,800, KRW 230,60, and KRW 230,000, respectively) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that at the time of the instant case, G provided alcoholic beverages without confirming whether his restaurant employee was a juvenile, but the defendant fulfilled the duty of appointment and supervision by educating his employee to verify whether he was a juvenile, and that at the time G’s appearance and appearance were sufficiently misleading to adults, G did not commit a crime with recognizing that his employee was a juvenile.

2. In light of the legislative intent of the Act on the Protection of Juveniles, since the employers and employees of the establishments that sell alcoholic beverages, etc. are highly strict and responsible for not selling alcoholic beverages to juveniles for the protection of juveniles, the visitors are objectively doubtful from the perspective of objective.

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