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(영문) 대전지방법원 서산지원 2017.10.26 2017고단182

청소년보호법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant of “D” in Seosan City C.

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

Nevertheless, at around 00:10 on December 23, 2016, the Defendant sold to juvenile E (18 tax), F (18 tax), G (18 tax), and H (18 tax) drugs harmful to juvenile. In addition, on December 23, 2016, the Defendant sold two liquors, which are juvenile drugs harmful to juvenile.

Summary of Evidence

1. Legal statement of a witness I;

1. Each police statement made to F, G, and H;

1. Each self-statement of E, F, G, and H;

1. Business registration certificate, receipt, on-site photograph (the defense counsel and the defendant denied the facts charged, but the facts charged can be acknowledged according to the evidence admitted as evidence, and thus the defense counsel and the defendant's assertion cannot be accepted

Application of Statutes

1. Article 58 of the relevant Act on criminal facts, subparagraph 3 of Article 58 of the Act on the Protection of Youth from which punishment is selected, and Article 28 (1) of the same Act, the selection of fines;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence 59(1) of the Criminal Code (as the number of residents of E, F, G, and H as stated in the report of internal investigation (the page 21 page of the evidence record) prepared by the police is written differently, the possibility that the above juveniles used the forged identification card cannot be ruled out completely, and the defendant's identification card was confirmed on the day of the instant case in the state where the defendant was overburced and controlled (this Court Decision 2017No. 111 of the Court), and the defendant's character and behavior, environment, criminal punishment records, etc. are considered)