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(영문) 부산지방법원동부지원 2020.08.26 2019고정334
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in retail business under the trade name of "C" in Busan Southern-gu B.

No person shall provide, sell or distribute tobacco that is drugs harmful to juveniles to juveniles.

A person who intends to sell, lend, or distribute tobacco which is a drug harmful to juveniles shall verify the age of the other party.

Nevertheless, around 12:00 on March 7, 2019, the Defendant did not verify the age of juvenile D (the age of 13) from the above Schlage and sold tobacco 1 A,500 won in the Ethical stamp business.

Summary of Evidence

1. The defendant's partial statement in the first trial record;

1. A protocol of partial police interrogation of the accused;

1. Application of Acts and subordinate statutes on witness D's legal statement;

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

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act (the main charge) of the provisional payment order;

1. The summary of the facts charged is a person who is engaged in retail business under the trade name of "C" in Busan Southern-gu, and the defendant sold 1 A,500 won of Scarbs tobacco without verifying his age to D (the age of 13) juveniles from the above Schlage around March 7, 2019.

2. The defendant and his defense counsel's assertion and judgment

A. The Defendant’s summary of the assertion does not sell the imported tobacco, including the “Scarblu”, Japan’s Republic of Korea.

B. Although there are evidence evidence evidence supporting the facts charged, the above evidence is difficult to easily believe and there is no other evidence to acknowledge the facts charged in light of the witness witness’s following statements.

(1) Although a witness has purchased at least 50 tobacco from “C” operated by the Defendant, he/she does not know whether he/she purchased scarbs around March 7, 2019, as shown in the primary facts charged.

The reasons are as follows.

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