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(영문) 대구지방법원 김천지원 2015.05.27 2015고정159
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 runs a general restaurant business under the trade name of “C” in the Gu and the Gu.

At around 21:20 on February 14, 2015, the Defendant did not sell the drugs harmful to juveniles to juveniles in the above C, but did not confirm the age of three persons, such as D(n, 17 years of age) who are juveniles, and sold the amount of KRW 4,00 per 4,00 per 14,00 per 1,00 per 1,00 per 1,00 per 1,00 per 20 per 1,00 per 20.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, E, and F;

1. Application of Acts and subordinate statutes on the control of public morals;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 59 subparagraph 6 and 28 (1) of the Juvenile Protection Act which choose a penalty;

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

1. Article 59(1) of the Criminal Procedure Act on the grounds of sentencing of Article 334(1) of the Provisional Payment Order provides that “In the event that a sentence of imprisonment, imprisonment without prison labor, or imprisonment without prison labor, suspension of qualification, or fine is imposed for not more than one year, and the circumstances specified in Article 51 have clearly changed, the sentence may be suspended: Provided, That this shall not apply to a person who has been sentenced to suspension of qualifications or a heavier punishment.

Here, the term "previous convictions who have been sentenced to the suspension of qualification or heavier punishment" refers to the criminal records themselves which have been sentenced to the suspension of qualification or heavier punishment, and it is reasonable to interpret that the effect of the punishment is lost or not.

Meanwhile, even if a person who was sentenced to a suspended sentence loses the validity of the sentence after the lapse of the grace period without the invalidation or cancellation of the sentence in accordance with Article 65 of the Criminal Act, this does not lose the legal effect of the sentence and do not lose the fact itself that the sentence had been sentenced. Thus, the person falls under the grounds for disqualification of suspended sentence under the proviso of Article 59(1) of the Criminal Act, which is the "person having a criminal record who has been sentenced to a suspended sentence or heavier punishment."

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