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(영문) 대구지방법원 포항지원 2014.08.06 2014고정236

청소년보호법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No one shall sell to juveniles drugs harmful to juveniles.

On March 20, 2014, the Defendant sold the amount of KRW 13,500,000 to juveniles E (n, 16 years of age) and F (n, 16 years of age) in the “D, a general restaurant operated by the Defendant in North-gu, North Korea, Mapo-si.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of bills, on-site photographs statutes;

1. Article 59 applicable to the relevant criminal facts and Article 59 subparagraph 6 of the Juvenile Protection Act and Article 28 (1) of the same Act (Selection of Fine);

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse;

1. The defendant and his defense counsel asserted that Article 59(1) of the Criminal Code of the Suspension of Sentence (the fact that the defendant confirmed the identification card of G, the same kind of criminal record, and the case of E was entered in the room, and thus it was not easy to verify the identification card) of the Criminal Code (the defendant and his defense counsel did not confirm the identification card of G, the adult G, and two juveniles, the day of whose identification card was conducted, were not deemed to be the time of ordering alcohol, etc.). Thus, the defendant and the defense counsel asserted that there was no intention to sell alcohol to juveniles.

Comprehensively taking account of the evidence submitted to this court, such as the witness F’s statement, and duly adopted, it is recognized that when G and F orders the alcohol, etc., the Defendant sold the alcohol only without confirming only G’s identification card and without confirming the F’s identification card that was next to G. Thus, it seems that the Defendant had had doluence on the fact that he sold alcohol to juveniles at the time. Thus, the Defendant’s and the defense counsel’s assertion cannot be accepted.