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(영문) 창원지방법원 마산지원 2016.01.27 2015고정619

청소년보호법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who runs a singran business in the trade name of “D singran business” on the Changwon P and 2nd floor of the Changwon Masan Port Co., Ltd.

The owner or employee of a business establishment prohibited from employing juveniles shall verify the age of persons who have access to the business establishment and shall prohibit juveniles from entering the business establishment, and no person shall sell drugs, etc. harmful to juveniles to juveniles.

At around 02:00 on September 20, 2015, the Defendant: (a) asked the age to E (17 years of age, female) who was found in the said establishment with three male employees; (b) sold 58,000 won, including 5 bottles who are juvenile harmful drugs, etc., and 1 branch line, and 58,000 won, including 1 branch line, to E (17 years of age, female); and (c) without confirming identification certificates, etc.

Summary of Evidence

1. Legal statement of witness E;

1. Application of statutes on a copy of business license;

1. Article 59 Subparag. 8 of the relevant Act and Articles 29 Subparag. 29(2) (a) of the Act on the Protection of Juveniles from whom a punishment is selected for a crime, and Article 59 Subparag. 6 of the same Act and the main sentence of Article 28(1) (a) of the same Act (a person who sells drugs harmful to juveniles) of the same Act, and the selection of fines for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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