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(영문) 부산지방법원 2017.05.18 2016고정3819
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

No person shall purchase tobacco, which is a drug harmful to juveniles, and provide such tobacco to juveniles at the request of juveniles.

Nevertheless, around June 12, 2013, the Defendant: (a) purchased tobacco from a juvenile (205) who was known before the Busan High-gu Busan High-dong 205 Dong-dong 205 (15 years old); and (b) purchased KRW 3,000 from the convenience store to the 2,500 won, and provided it to the B at the request of the juvenile (3,000 won); and (c) from June 12, 2014, the Defendant purchased the tobacco harmful to the juvenile at the request of the juvenile and provided it to the juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C, D, or B;

1. Application of Acts and subordinate statutes to written E;

1. Article 59 Subparag. 7 of the former Juvenile Protection Act (amended by Act No. 14067, Mar. 2, 2016) and Article 28 Subparag. 2 of the same Act (amended by Act No. 14067, Mar. 2, 2016) concerning criminal facts;

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. The reasoning for sentencing of Article 334(1) of the Criminal Procedure Act provides that the defendant's act of repeatedly purchasing tobacco with a certain amount of depth values against many juveniles over a considerable period of time, thereby easily exposing harmful substances, etc. However, it is not easy for juveniles to commit the crime. However, considering such circumstances as the defendant's attitude to recognize and reflect the crime, the defendant has no record of criminal punishment, the defendant is suffering from disease such as hydropathy infection, and the mental retardation, etc. is evaluated to have seen social adaptation behavior to the age of eight years.

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