청소년보호법위반
1. The defendant shall be punished by a fine of five hundred thousand won;
2. If the defendant does not pay the above fine, 10,000 won.
Punishment of the crime
The Defendant is a person who operates a “C” convenience store in Daegu-gun District under B.
No one shall sell drugs harmful to juveniles to juveniles.
Nevertheless, around 00:20 on October 2, 2019, the Defendant sold tobacco harmful to juveniles to D (18 tax) which was a juvenile in the above C.
Summary of Evidence
1. Partial statement of the defendant;
2. Legal statement of the witness D;
3. Some statements made to the defendant in the police interrogation protocol.
4. Statement made by the police against D;
5. A report on internal investigation (around investigation) (the defendant did not sell tobacco to D.
One of the arguments, (1) D purchased tobacco from the defendant at the time and place set forth in the police and this Court.
In light of the consistency and accuracy of the statement, etc., the credibility of the statement is sufficiently recognized; ② The police officer visited the convenience point on October 10, 2019, where the case occurred, and sought to verify CCTV; ② the defendant refused it without any particular reason (No. 20 pages); ③ the defendant did not have any reason to gather the defendant (the defendant did not sell his tobacco at the first trial date; so he did not sell his tobacco, so he did not make a false report; on the third trial date, the defendant found the above convenience point and made a false report; but on the third trial date, the police officer only stated that he would not request tobacco, and that he would not sell tobacco to a minor; ② The police officer did not make a false statement even if he stated, there is no reason to suspect the credibility of the statement; ③ The defendant's sale of tobacco at the place where D had no other circumstances to suspect the credibility of the statement).
1. Article 59 of the relevant Act on the facts constituting an offense and Articles 59 subparagraph 6 and 28 (1) of the Act on the Protection of Juveniles Eligible for Punishment (Selection of Penalty)
2. Article 70(1) of the Criminal Act and Article 69(2)3.