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(영문) 광주지방법원 2013.09.06 2013고정1422

청소년보호법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of "C" in Gwangju Mine-gu B.

On June 2, 2013, at the above general restaurant around 19:30 on June 2, 2013, the Defendant sold two bottles, which are drugs harmful to juveniles, without confirming the age of juvenile D (16 years of age) and E (15 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E and D;

1. Article 59 subparagraph 6 of the Juvenile Protection Act and Article 28 (1) of the same Act concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act (one day: 50,000 won) of the Criminal Act;

1. According to the records of this case, it may be possible to deem that the Defendant’s wife, other than the Defendant, committed the crime of this case, even though the Defendant was able to deny the crime of this case for the reason of sentencing under Article 59(1) of the Criminal Act [the suspended punishment: fine of KRW 500,000].

Around 2001, the Defendant had no record of crime other than sentenced to a fine of KRW 1,00,000 due to a violation of the Quality Control of Agricultural and Fishery Products Act, taking into account all the circumstances, such as the fact that the Defendant started operating the restaurant of this case only one month after the Defendant started running the restaurant of this case, and the circumstances leading to this case.