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(영문) 서울서부지방법원 2017.09.08 2017고정910
폭행등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. No person who violates the Juvenile Protection Act shall sell drugs, etc. harmful to juveniles to juveniles;

Nevertheless, around 22:00 on November 19, 2016, at “C” restaurant located in Eunpyeong-gu Seoul Metropolitan Government, the Defendant sold to juveniles D(17), E (17), F (16), G (17 tax), and H (17 tax) drugs harmful to juveniles at KRW 98,00,00, along with Anju, such as rhyming five diseases and five diseases harmful to juveniles.

Accordingly, the defendant sold drugs harmful to juveniles to juveniles.

2. Around November 20, 2016, the Defendant assaulted the victim by breaking down the victim’s occupation with a defect in moving the place, instead of paying for alcoholic beverages and spawn as described in paragraph 1 of this Article purchased in front of the “J” convenience store located in Eunpyeong-gu Seoul Metropolitan Government (17 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to D, F, E, H, and G;

1. Each investigation report (Nos. 15, 16, 25, 26, 28 of the evidence list);

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 59 of the pertinent Act on the facts constituting an offense and Article 59 subparagraph 6 of the Act on the Protection of Juveniles who have the option of punishment are stated as "Article 58 subparagraph 3 of the Act on the Protection of Juveniles," but in light of the facts constituting an offense in the indictment, it appears to be a clerical error and it does not result in a substantial disadvantage to the defendant

Since it is judged, it is recognized as it is;

Article 28(1)(a)(a) of the Criminal Act, Article 260(1)(a) of the Criminal Act, the selection of fines for negligence

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;

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