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(영문) 서울서부지방법원 2015.10.15 2015고정1009
청소년보호법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a supermarket with the trade name of “Cropos.”

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

Nevertheless, around 17:30 on March 26, 2015, the Defendant sold tobacco to E (14 years of age and students) who are juveniles in Yongsan-gu Seoul, Yongsan-gu, Seoul, to E (14 years of age and students) a horse bulletin, which is a drug harmful to juveniles, in KRW 4,500.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to photographs at the time of detection of juveniles;

1. Article 59 of the Juvenile Protection Act and Articles 59 subparagraph 6 and 28 (1) of the same Act concerning criminal facts and the selection of fines;

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

1. The defendant and his defense counsel's assertion of the provisional payment order against the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act alleged that they were not aware that they were juveniles in light of their age, appearance, etc., but in light of the E's age, appearance, etc., the defendant seems to have been aware that they were selling tobacco to the defendant and his defense counsel. Thus, the above argument by the defendant and his defense counsel is rejected.

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