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(영문) 수원지방법원 2016.10.13 2016고정1722

청소년보호법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant is a person who operates the main points with the trade name “C” in Suwon-si, Suwon-si B 101.

No one shall sell, lend, distribute to juveniles drugs harmful to juveniles, etc. (including cases of selling, lending, or distributing drugs harmful to juveniles through an automatic machine, unmanned vending machine, or communication device) or provide them free of charge.

Nevertheless, around March 26, 2016, the Defendant sold drugs harmful to juveniles, such as softs, to juveniles without checking the age of D and 8, at the business establishment operating the above Defendant’s business.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of each police officer in relation to E, F, and G;

1. Statement of the police statement related H;

1. A report on internal investigation:

1. Application of reporting photograph Acts and subordinate statutes;

1. The prosecutor stated “Article 58 subparag. 3 of the Juvenile Protection Act” in the column for applicable provisions of the indictment for criminal facts and Article 59 subparag. 6 of the Act on the Selection of Youth from Crimes. However, “small liquor,” which is a drug harmful to juveniles in the indictment, stated in the facts constituting the crime, is a liquor under the Liquor Tax Act. The relevant penal provision is not “Article 58 subparag. 3 of the Juvenile Protection Act (legal penalty: imprisonment with prison labor for not more than three years or a fine not exceeding 30 million won)” but “Article 59 subparag. 6 of the Juvenile Protection Act (legal penalty: imprisonment with prison labor for not more than two years or a fine not exceeding twenty million won)” (Article 59 subparag. 6 of the Juvenile Protection Act). Thus, Article 28(1) of the same Act, which is lower than the statutory punishment ex officio to the extent that it does not interfere with the defendant’s right to defense.

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

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