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(영문) 수원지방법원 2013.03.28 2012고정3666

청소년보호법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

around 18:54 on July 16, 2012, the Defendant sold tobacco at KRW 189,000, which is a drug harmful to juveniles, to E (the 15-year-old age-old) within the “Dicon set” in which the Defendant, who is located in Young-gu, Young-gu, Young-si C, as his employee, sold tobacco at KRW 189,00.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. E’s statement of the police interrogation protocol against the defendant

1. Police suspect interrogation protocol regarding E;

1. Second protocol of interrogation of F by the police officer;

1. Application of the Acts and subordinate statutes on receipts (D) ;

1. Article 51 Subparag. 8 of the Juvenile Protection Act and the main sentence of Article 26 (1) of the former Juvenile Protection Act (amended by Act No. 11048, Sep. 15, 201);

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

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act alleged that the defendant, who presented the forged adult resident registration certificate, sold tobacco with the misleading knowledge that he had sold tobacco to adults. Thus, the above argument is not accepted, considering the following circumstances acknowledged by the evidence as above: "E did not have a resident registration certificate at the time of purchase of tobacco, and the defendant asked "8 years" without confirming the identification card of E, and asked "each year old", "E". "E was merely 15 years old at the time of the case, and if the defendant paid a little attention, it would have been suspected that E would have been a juvenile if he had paid a little attention." In full view of the above, the defendant's assertion is not clearly confirmed as to whether he was a juvenile and can be acknowledged that he sold tobacco to a juvenile, as stated in its reasoning, since it is not accepted.