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(영문) 수원지방법원 평택지원 2014.02.20 2013고단992
청소년보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

Although the Defendant did not provide alcoholic beverages to juveniles in Pyeongtaek-si E liquor around 23:00 on May 3, 2013, the Defendant did not confirm the age of the FF and G, which found the above head of the house, and did not comply with the requirements to be observed by the Defendant by selling the bottled small and microjus and jus to be observed by the business operator.

Summary of Evidence

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

1. Part concerning the statement of I, H, G, or F in the police interrogation protocol against the accused;

1. Protocol of the police statement concerning G;

1. Application of the receipt statute

1. Relevant legal provisions concerning facts constituting an offense, and Articles 59 subparagraph 6 and 28 (1) of the Juvenile Protection Act which choose a penalty;

1. A fine not exceeding 200,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day);

1. The judgment on the assertion of the Defendant and the defense counsel under Article 59(1) of the Criminal Code of the Suspension of Pronouncement (to consider the fact that the Defendant was an employee of the instant restaurant without any criminal records prior to the instant case, G and F were late arrival in the restaurant where the Defendant was working, and that it was an additional order for alcoholic beverages after the Defendant’s arrival at the restaurant where the Defendant was working.)

1. The defendant and his defense counsel asserted that, prior to the occurrence of the instant case, the defendant and his defense counsel provided I and H with alcohol to the defendant by knowing that he had been adultly sexually sexually sexually, and later, G and F, a juvenile who is a son, did not order the defendant to drink the remaining alcohol by first ordering I and H. And G and F did not order the defendant to do so. Since the defendant had a alcohol in the inside of the instant restaurant, the defendant did not regard it as drinking alcohol, the defendant did not have any intention to provide alcohol to the defendant.

2. Article 28(1) of the Juvenile Protection Act provides that “no person shall sell, lend, or distribute to juveniles drugs harmful to juveniles.” Article 28(3) of the same Act provides that “no person shall sell, lend, or distribute to juveniles drugs harmful to juveniles

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