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(영문) 서울중앙지방법원 2014.09.04 2014고정1706

청소년보호법위반

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant is a person who operates retail stores in Dongjak-gu Seoul Metropolitan Government C.

No person shall sell drugs, etc. harmful to juveniles to juveniles.

Nevertheless, at around 17:00 on December 16, 2013, the Defendant sold to D(17 years of age) a cigarette, which is a drug harmful to juveniles, to 2,500 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of the photographic Acts and subordinate statutes;

1. Article 59 of the relevant Act on Criminal facts and Articles 59 subparagraph 6 and 28 (1) of the Protection of Juveniles Eligible for the Selection of Punishment;

1. Penalty fine of 300,000 won to be suspended;

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

1. Article 59(1) of the Criminal Code of the Suspension of Sentence 59(1) of the Pronouncement of the Pronouncement of the Pronouncement of the Pronouncement of the Pronouncement of the Pronouncement of the Pronouncement of the Pronouncement [the term "where the conditions of the suspension of the pronouncement are significant" means cases where the defendant would not be subject to the punishment even if the sentence was not imposed in light of the degree of reflectability and comprehensively taking into account the conditions of sentencing as stipulated in Article 51 of the Criminal Code. On the contrary, the term "where the conditions of the suspension of the pronouncement of the sentence are obvious" is limited to cases where the defendant does not necessarily repent the defendant in depth of the crime, or where the defendant denies the sentence without confession of the crime, it shall not be interpreted that the suspension of sentence cannot be always made (see, e.g., Supreme Court en banc Decision 2001Do6138, Feb. 20, 2003).