logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.01.13 2015고정3910
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is an employee of “F Electronic Tobacco E” in Busan Jin-gu, Busan.

No one shall sell drugs, etc. harmful to juveniles to juveniles.

Nevertheless, around January 16:00 on January 9, 2015, the Defendant sold a set of 1 set of electronic tobacco equivalent to KRW 175,000 of the market price, which is a juvenile harmful drug, to G (18 tax) who is a juvenile, at the above electronic tobacco marina.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. The defendant and his defense counsel asserted that since they sold electronic tobacco at the time to H, other than G, to him, it shall not be deemed that they sold tobacco to juveniles.

However, the following circumstances acknowledged by the evidence mentioned above, i.e., G, at the time of women’s birth.

In full view of the following facts: (a) the Defendant entered the e-mail operated by the Defendant, along with the employee I and explained with H; (b) in particular, G sold the said e-mail to G, a juvenile, by taking into account: (c) the fact that she directly saw the amount of tobacco in the process of smoking the e-tobacco; (d) KRW 175,000 of the electronic tobacco price was paid by G; and (d) the name of “G” other than H was also stated in the books prepared by the Defendant.

As such, the defendant and his defense counsel cannot be accepted.

Application of Statutes

1. Article 59 of the relevant Act on the facts constituting an offense and Articles 59 subparagraph 6 and 28 (1) of the Act on the Protection of Juveniles who have electively sentenced to a penalty;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

arrow