beta
(영문) 부산지방법원 2017.04.21 2016고단6976

청소년보호법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one is allowed to sell drugs harmful to juveniles (such as liquor under the Liquor Tax Act, tobacco under the Tobacco Business Act, etc.) to juveniles, but the Defendant sold such drugs in the “D Schlage” operated by the Defendant located in Busan Seo-gu C (hereinafter referred to as “the instant Schlage”), as follows:

[2] On October 1, 2016, the Defendant: (a) around 14:00 on October 1, 2016, sold to the said E and F amounting to KRW 21 Cand 3 Cand 40,000, without verifying whether the Defendant is a juvenile, such as verifying the identification card of juvenile E (n, 14 years of age) and F (n, 14 years of age).

Accordingly, the Defendant sold liquor and beer, which is a liquor, to juvenile E and F.

[2] On August 26, 2016, the Defendant: (a) sold tobacco 1 for 4,500 won in tobacco without confirming whether the Defendant was a juvenile by confirming the identification card of G (13) that is a juvenile at the instant Schlage; and (b) sold tobacco 1 for 4,500 won in tobacco at the same place around the 29th day of the same month to H (13 years in the same manner.

As above, the Defendant sold tobacco, which is a drug harmful to juveniles, to G and H, respectively.

Summary of Evidence

[6976]

1. Entry of the accused in the second public trial records and the testimony by the accused in court;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Written self-sufficiency of E, F, I, and J;

1. Detection and report of business places violating the Juvenile Protection Act, and field photographs (7314);

1. Entry of the accused in the second public trial records and the testimony by the accused in court;

1. Each statement made to G, H and K;

1. Application of the Acts and subordinate statutes to reports on the control of public morals places, persons, and investigation reports;

1. Article 59 subparagraph 6 of the relevant Act and Article 28 (1) of the Juvenile Protection Act, the selection of punishment for a crime, and the selection of punishment for a crime;

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 62 (1) of the Criminal Act on the suspended execution;

1. Protection observation and: