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(영문) 수원지방법원 안양지원 2015.06.11 2015고정62
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 ‘Dock' in Ansan-si C during his/her period of time.

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

Nevertheless, at around 14:00 on August 6, 2014, the Defendant provided 5 A and math cigarette 16,000 won and sold tobacco, which is a juvenile drug, to juveniles, without confirming the age of the juvenile E (the age of 15).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Report on the occurrence of case (report on detection of violation of the Juvenile Protection Act), report on investigation, and report on control of public morals and business places;

1. On July 11, 2014, the Defendant and the defense counsel asserted that, at the time of the instant case, E had sold tobacco without the knowledge of the juvenile at the time of the instant case, by affixing his/her resident registration certificate and his/her resident registration certificate of F (GG) to the Defendant’s handphone, E had no intention to sell tobacco to minors.

The following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① the E's age does not reach the age of majority, ② the Defendant's sale of tobacco without verifying his/her identification card at the time of sale of tobacco to E at the time and place stated in the crime, ③ the Defendant secured his/her cell phone pictures prior to the F's resident registration certificate presented by E in his/her cell phone around July 11, 2014, but it is difficult to see that his/her personal seal on his/her resident registration certificate was similar to the Defendant. ④ The Defendant did not attempt to take additional age verification measures, such as making the Defendant receive the above resident registration certificate only in a personal form from E, and making him/her use of the F's photograph and E in detail, or making him/her open his/her resident registration number.

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