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(영문) 부산지방법원 2016.03.23 2016고정607

청소년보호법위반

Text

Defendants shall be punished by a fine of KRW 300,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

1. Although Defendant A was prohibited from selling, lending, or distributing, drugs harmful to juveniles to juveniles, the Defendant worked as an employee at the D convenience store operated by Defendant A located in the Geum-gu Busan Metropolitan Government C on October 7, 2015, and sold for 4,500 won of 10,000 won of a non-shot tobacco, which is a drug harmful to juveniles, to the juvenile E (18 tax).

2. Defendant B, as the owner of the convenience store set forth in the preceding paragraph, sold tobacco harmful to juveniles E, as seen above, to a juvenile E, who is an employee with respect to his duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. Investigation report (Attachment of D convenience points photograph), investigation report (as to the details of enforcement)

1. Reporting on detection of business entities in violation of Acts and subordinate statutes, and application of photographs;

1. Article 59 Subparag. 6 of the former Juvenile Protection Act (Amended by Act No. 14067, Mar. 2, 2016; hereinafter the same shall apply) and Article 28 Subparag. 1 of the former Act (Amended by Act No. 14067, Mar. 2, 2016; hereinafter the same shall apply) Defendant B: Articles 62, 59 Subparag. 6 and 28(1) of the former Juvenile Protection Act

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act