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(영문) 광주지방법원 2017.08.23 2017고정610

청소년보호법위반

Text

Punishment on the accused shall be determined by a fine of KRW 500,000.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates a store with a trade name called "D Mart" in Gwangju Mine-gu C.

No person shall sell drugs harmful to juveniles.

On March 7, 2017, at around 17:30, the Defendant sold tobacco harmful to juveniles, such as “Accushian tobacco 1 A” and “Habrid tobacco 2A,” to the juvenile E (n, 14 years of age) at the store.

Summary of Evidence

1. Legal statement of witness E;

1. Partial statement of the witness F;

1. Part of the statement of E in the police interrogation protocol against the defendant [ although the defendant alleged to the effect that E has stolen tobacco between the defendant who was close at the above store, the credibility of the statement of E is sufficiently recognized in full view of the consistent and detailed statement of E and the structure of the above store, taking into account the consistent and detailed statement of E, legal attitude and the structure of the above store];

Application of Statutes

1. Article 59 of the relevant Act and Articles 59 subparagraph 6 and 28 (1) of the Juvenile Protection Act, the selection of fines for criminal facts, and the selection of fines;

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;

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;