(영문) 수원지방법원 안산지원 2010. 5. 14. 선고 2009고정2321 판결[담배사업법위반][미간행]
Defendant
Kim Jae-at
Attorney Park Ho-young (Korean)
A defendant shall be punished by a fine of 500,000 won.
When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.
In order to order the provisional payment of an amount equivalent to the above fine.
On April 3, 2008, the Defendant was issued a business suspension order from April 13, 2009 to May 27, 2009 on the ground that he sold tobacco to juveniles after being designated as a tobacco retailer by the competent authority, but the Defendant operated tobacco retailer business during the period of business suspension by selling tobacco to juveniles. However, around May 11, 2009, around 11:00 on May 24, 2009, the Defendant operated the tobacco retailer business by selling tobacco to a male incomponious name.
1. Partial statement of the defendant;
1. Each legal statement of the witness, Nonindicted 2, Nonindicted 1 (the Nonindicted Party in the appellate trial), and Nonindicted 3
1. A protocol concerning the examination of partial police officers of the accused;
1. Statement on Nonindicted 2’s statement
1. Report on detection of violation of the Tobacco Business Act and investigation report;
1. On-site photographs, notification of the result of administrative dispositions taken by juvenile tobacco stores, order for administrative dispositions, notification of the change of administrative dispositions taken pursuant to the Tobacco Business Act, and result of delivery by each section;
1. Article applicable to criminal facts;
Subparagraph 1 of Article 27-3 and Article 12 (2) of the Tobacco Business Act
1. Detention in a workhouse;
Articles 70 and 69(2) of the Criminal Act
1. Order of provisional payment;
Article 334(1) of the Criminal Procedure Act
It is so decided as per Disposition for the above reasons.
Judges Kim Jong-he