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(영문) 대구지방법원 안동지원 2017.06.09 2016고정225

청소년보호법위반

Text

1. The sentence against the accused shall be 50,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

No one shall sell drugs, etc. harmful to juveniles to juveniles.

On August 14, 2016, at the D main point operated by the defendant in Ansan-si C on August 14, 2016, the defendant sold 2 Byung-ju, which is a juvenile harmful drug, to the juvenile, including E, without verifying the identification card of the juvenile E (n.e., 16 years of age).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Each police statement made to E, F, and G;

1. Each statement of E, F and G;

1. Each internal investigation report and accompanying materials [the Defendant, at the time, inspected the identification card for E and Japan at the time, and all of them present an adult identification card, and the Defendant’s assertion that all of them are adults and sold alcohol, and thus, the facts charged cannot be acknowledged.

However, it is relatively specific and consistent in important parts, and in light of the relationship with the defendant, etc.

In full view of the above evidence, including E, F, and G’s investigation agencies and legal statements, the application of the law to the defendant’s assertion is not acceptable, since there is sufficient evidence of guilt in the facts charged in the instant case.

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 who have electively sentenced to a penalty;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the background, method, result, Defendant’s attitude, criminal history, age, sexual conduct, environment, circumstance after the crime, and principle of prohibition of disadvantageous change, etc., shall be determined as set forth in the Disposition above, taking into account all the circumstances revealed in the arguments and records of the instant case.