(영문) 대구지방법원 상주지원 2014.01.07 2013고정153



Defendant shall be punished by a fine not exceeding five hundred thousand won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.


Punishment of the crime

Around March 21, 2013, the Defendant sold tobacco, which is a drug harmful to juveniles, to D (the age of 15) even though he/she was not allowed to sell drugs harmful to juveniles to juveniles, at Cmate, operated by the Defendant in D around 21:00.

Summary of Evidence

1. D's statement among the police interrogation protocol against the defendant

1. Statement made to D by the police;

1. A report on internal investigation (second right of investigation records);

1. Domestic currency content inquiry and each NAV map output [the defendant's statement was made consistent in a very concrete and consistent manner, and there seems to be no reason to make a false statement against the defendant, and it was revealed that D had been in the above Cmate head around the time and time of criminal facts as a result of the base inquiry into the mobile phone operator used by D, and D had been in the above Cmate head around the time and time of criminal facts. D did not always state that "the defendant did not bear the above tobacco sales code" from the time of the first police statement before the defendant filed a bar code-related change, and that the defendant always states that "the defendant did not bear the above tobacco sales code," and it is not always viewed that the defendant's Mate head's statement corresponds to D's statement. The defendant's statement is recognized as credibility of D's statement in light of the fact that the defendant's head office around the above time and consistent with D's statement. The defendant asserted that he did not sell tobacco since there was no Mate code sales sales around the above time. However, it can be accepted the above D's statement as seen.

1. Article 51 Subparag. 8 of the Juvenile Protection Act (amended by Act No. 11673, Mar. 22, 2013); Articles 26(1) and 51 of the former Juvenile Protection Act; the selection of fines for criminal facts;

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

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