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(영문) 서울북부지방법원 2014.03.17 2014고정461

청소년보호법위반등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who operates bus shocks and tobacco sales boxes managed by the Dobong-gu Seoul Metropolitan Government Job Economy Department located in the Dobong-gu Office, Dobong-gu.

1. No person who violates the Juvenile Protection Act shall sell to juveniles drugs harmful to juveniles;

Nevertheless, around 10:00 on October 26, 2013, the Defendant sold to 2,700 won 1 A tobacco (the “math-op range” indicated in the facts charged in the Mazboard) that is a drug harmful to juveniles without confirming identification card to D (the age of 17) as a juvenile at the above sales store.

2. No person, other than a retailer of tobacco in violation of the Tobacco Business Act, shall sell tobacco to consumers;

Nevertheless, the Defendant, without being designated as a tobacco retailer, sold tobacco in KRW 2,700, to D at the same time and place as that of paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. D's written statement on juvenile's pen;

1. The investigation report (as to the addition of the name of the crime)

1. Application of statutes on site photographs;

1. Subparagraph 6 of Article 59 of the Act on the Protection of Juveniles from Crimes, the main sentence of Article 28 (1) of the same Act, and subparagraph 1 of Article 27-3 and Article 12 (2) of the Tobacco Business Act (amended by Act No. 11461, Jan. 21, 2014);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment on a crime of violating the Juvenile Protection Act heavier than punishment);

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act (the conversion of 50,000 won into one day) of the Criminal Act for the detention in a workhouse;

1. Article 59(1) of the Criminal Act (i.e., a suspended sentence: 500,000 won; 500,000 won with no record of crime; 20 years old; 3 years old; and 3 years old; and 4 years old; and