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(영문) 부산지방법원 2017.08.23 2017고정1088

청소년보호법위반

Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in his trade name in Busan-gu B.

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

Nevertheless, on January 20, 2017, the Defendant sold an amount equivalent to KRW 39,000, such as 3 C C C C C C C C C C C C C, E (17 tax), and F (17 tax) without confirming the age of juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, F, and E;

1. Application of field photographs and Acts and subordinate statutes on receipts;

1. Although the pertinent statutory provisions on criminal facts and the indictment under Article 59 subparag. 6 of the Act on the Protection of Youth from which the punishment was selected stated as “Article 58 subparag. 6”, this is obvious that it is a clerical error and there is no impediment to the defendant’s exercise of his/her right to defense, it shall be corrected and recognized as above;

Article 28(1) and Selection of fines

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act requires the Defendant to present identification cards to certain juveniles at the time of the instant crime, and confirms the age thereof; the sentence imposed in a similar case shall be mitigated by comprehensively taking into account the equity of the punishment imposed; the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and other circumstances constituting the conditions for sentencing, including the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, etc.