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(영문) 수원지방법원 성남지원 2016.04.06 2015고정1278
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 the "D Ski" in the business center in Seongbuk-gu, Seongbuk-gu, Sungnam-si.

No one shall sell, lend, distribute, or provide free of charge juveniles with drugs, etc. harmful to juveniles (including cases of selling, lending, or distributing such drugs through automatic machines, unmanned vending machines, or communication devices).

Nevertheless, around 20:00 on July 5, 2015, the Defendant sold 105,200 won, i.e., e., “meats” tobacco, such as juvenile harmful drugs, to E ( South Korea, 16 years of age), lss tobacco 7 A, “Mean Furan tobacco,” 7 A, “Nuran tobacco,” and 1 cans of beer, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to investigation reports (written confirmation of card use);

1. Article 59 Subparag. 6 and Article 28(1) of the former Act on the Protection of Juveniles (amended by Act No. 14067, Mar. 2, 2016; hereinafter the same) on criminal facts: (a) the choice of a fine for negligence (the defendant and his defense counsel did not confirm the age of E at the time of the instant case and sold tobacco and alcoholic beverage to a juvenile citizen E without confirming the age of E; (b) however, at the time of the instant transfer on January 2015, the Defendant confirmed the F (96 birth)’s resident registration certificate issued by E as his/her resident registration certificate and sold tobacco; and (c) the Defendant had no intention to sell tobacco and alcoholic beverage to a juvenile at the time of the instant case.

The argument is asserted.

However, the following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① the Defendant’s sales of tobacco and alcoholic beverage to E at the time when the Defendant sold the tobacco and alcoholic beverage to E at the time when it was recorded in the facts constituting the crime, ② the Defendant also recognized, ② the age of 1 year old high school did not reach the adult age and the appearance does not appear to be an adult, ③ E purchased the 10-time household tobacco from Dusbs in this court.

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