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(영문) 대구지방법원 김천지원 2016.12.20 2016고정608

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 engaged in food service business in the name of "C" in Kimcheon-si, and D is an employee in the above "C".

No one shall sell, lend, or distribute to juveniles drugs harmful to juveniles.

Nevertheless, at around 02:00 on October 1, 2016, the Defendant, an employee of the Defendant, sold a total of KRW 5,500, including 3 soldiers, 2 soldiers, 500, and 500, and sold a total of KRW 55,00,00, which is juvenile harmful substances, without confirming the age of E (18 years of age, south) and two other juveniles at the above establishment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. The police statement concerning F;

1. Each written statement of E and G;

1. Police investigation report (verification as to whether a juvenile E and two persons, other than juveniles, have entered C around September 2016);

1. 경찰 내사보고(카드내역 및 인증샷 현장사진 첨부에 대하여, 종업원 D 상대 전화 수사) 법령의 적용

1. Relevant Article 62 of the Juvenile Protection Act and Articles 62, 59 subparagraph 6 of the same Act and Article 28 (1) of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentence of a provisional payment order under Article 334(1) of the Criminal Procedure Act shall be mitigated by comprehensively taking into account the following circumstances: (a) statutory penalty prescribed by the Juvenile Protection Act; (b) equity in a similar case; and (c) the age, character and conduct, environment, motive, means and consequence of the crime; and (d) other circumstances constituting conditions for sentencing, including the circumstances after the crime