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(영문) 서울중앙지방법원 2016.04.19 2015고정3851

청소년보호법위반등

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

A. On May 18, 2015, the Defendant violated the Juvenile Protection Act: (a) around 20:10, at the Gangnam-gu’s Gangnam-gu Da 1’E convenience store operated by the business owner D; (b) however, the Defendant sold tobacco harmful to juveniles to F (the age of 17), which was not well aware of the criteria for juveniles, equivalent to the amount of 4,500 won for juveniles’ harmful drugs, to F (the age of 17) by failing to know it.

B. On September 20, 2014, the Defendant violated the Immigration Control Act, with Chinese nationality, entered the Republic of Korea with a visa and was staying in the Republic of Korea, and was engaged in job-seeking activities without obtaining the convenience store under the preceding paragraph from April 1, 2015 to May 27, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The result of verification on the F;

1. On-site reports (to secureCCTV image data, to verify the personal information of the person suspected of being exposed, and CDs);

1. Application of Acts and subordinate statutes concerning investigation reports (related to general training D-4 visa);

1. Article 59 Subparag. 6 of the relevant Act on criminal facts and Article 28 Subparag. 1 of the former Juvenile Protection Act (Amended by Act No. 13726, Jan. 6, 2016); Article 94 Subparag. 8 of the Immigration Control Act; Article 18(1) of the Immigration Control Act (which provides for job-seeking activities without obtaining the status of stay eligible for job-seeking activities) and the choice of fines, respectively,

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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