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(영문) 부산지방법원 2014.10.22 2014고정2465

청소년보호법위반

Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A is a person operating a "F" restaurant in Busan Seo-gu E, and Defendant B is an employee of the above restaurant.

1. No person who is accused B shall sell drugs harmful to juveniles to juveniles;

Nevertheless, at around 23:30 on December 29, 2013, Defendant B received and sold KRW 9,000 to G(16 years of age) and H(16 years of age) a juvenile harmful substance in the above restaurant.

2. Defendant A, who is an employee of the Defendant, committed an act of violation as described in paragraph (1) at the above time and place.

Summary of Evidence

1. Each legal statement of witness G and H;

1. A report on the control of public morals;

1. Application of the Acts and subordinate statutes on photographic materials;

1. Article applicable to criminal facts;

(a) Defendant A: Article 62, Article 59 Subparag. 6, and Article 28(1) of the Juvenile Protection Act;

B. Defendant B: Article 59 Subparag. 6 and Article 28(1) of the Juvenile Protection Act; selection of fines

1. A fine of 500,000 won to be imposed for a suspended sentence;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (see, e.g., Article 59(1) of the Criminal Act (see, e., Supreme Court Decision 2006Do1488, Apr. 2, 2007);