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(영문) 광주지방법원 2016.08.11 2015노2345 (1)
청소년보호법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 800,000.

The above fine shall not be paid by the defendant.

Reasons

1. As to the violation of the Juvenile Protection Act on November 30, 2014 among the facts charged in the instant case, the Defendant confirmed three identification cards among the seven juveniles, but the relevant juveniles presented an identification card to the person who is an adult and provided them with belief and alcohol, and the rest of four juveniles did not directly provide them with alcohol.

In addition, on December 25, 2014, the defendant confirmed M's identification card with respect to the violation of the Juvenile Protection Act, but M presented his identification card to the person who is an adult, and provided N with believed and alcoholic beverages.

Therefore, the judgment of the court below which found all of the facts charged of this case guilty is erroneous.

2. Determination

A. On November 30, 2014, the Defendant sold alcoholic beverages, such as alcoholic beverages harmful to juveniles, at the E restaurant located in D, at around 00:30 on November 30, 2014, to the youth F (n, 18 years of age), G (n, 17 years of age), H (n, 18 years of age), I (n, 18 years of age), J (n, 18 years of age), K (n, 18 years of age), and L (n, 18 years of age), and to the youth M (n, 18 years of age), N (n, 16 years of age) on December 25, 2014.

B. The lower court found the Defendant guilty of each of the facts charged in this case by compiling the evidence in its judgment.

(c)

On November 30, 2014, the court below duly adopted and investigated the violation of the Juvenile Protection Act. According to the evidence duly adopted and examined by the court below, ① F, L, and L entered the above E restaurant on November 30, 2014; approximately five minutes after H, G, and K entered the above E restaurant; approximately fifteen minutes thereafter, I, G, and K entered the above E restaurant; ② F, L, H, J, J, G, G, and K drink and drinked only in the above E restaurant; ② some number of persons, such as H et al. enter the restaurant again; ③ on the same day, the police officer’s identification card was confirmed against the above police officer; ③ on the same day, the police officer’s identification card was confirmed.

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