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(영문) 대구지방법원 2015.06.26 2015고정109
청소년보호법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “D” in Daegu Dong-gu C.

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

Nevertheless, around 00:40 on November 2, 2014, the Defendant sold the juvenile E (17 years of age) and one other than the 17,500 Won in total, a week 1 and 2 chills.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E;

1. A report on the control of public morals;

1. Reports on internal investigations (violation of the Juvenile Protection Act);

1. A business notification certificate;

1. Application of statutes on site photographs;

1. Article 59 Subparag. 6 of the Act on the Punishment of Offenses and Articles 28(1) of the Act on the Protection of Juveniles from the Selection of Penalties [The defendant and defense counsel asserted that since adult F, at the time of the instant case, ordered a tenant to pay the price, and E, which is a juvenile, did not drink, it cannot be deemed that a juvenile sold alcoholic beverages. However, if a juvenile, including a juvenile, ordered a restaurant to do so, and a juvenile is expected to drink together with his/her daily alcohol, he/she actually sold alcoholic beverages to him/her, which constitutes "act of selling alcoholic beverages to the juvenile," and if the juvenile dices together with his/her daily alcohol, it constitutes "act of selling alcoholic beverages to the juvenile" (see, e.g., Supreme Court Decision 2008Do7009, Sept. 25, 2008). Meanwhile, in order to provide alcoholic beverages to the juvenile, the defendant can do so at the age of drinking or drinking alcoholic beverages (see, e.g., Supreme Court Decision 2008Do128.

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