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(영문) 대구지방법원 2014.08.28 2014고정101
청소년보호법위반
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates tobacco retail stores without a trade name in Gyeongbuk-gun C.

On April 2013, the Defendant sold to D (the 15-year-old) a mersh tobacco, which is a drug harmful to juveniles, for 2,700 won, without verifying the age at the above location, to the Defendant’s juveniles.

(b) The same year;

5.To sell 2,700 won of Mebox tobacco, which is a drug harmful to juveniles, to D without verifying the age at the same place as a patrolman;

(c) on the 31st of the same month, without verifying the age at around 17:00, sell tobacco to juvenile E for 13,500 won by 4 A of Mebox tobacco, which is a drug harmful to juveniles, and by the horse’s 13,500 won;

(d) The same year;

6. 14. 17:10 around 17:10, juveniles F, without verifying the age at the same place, sold Led Tobacco No. 1 A to 2,700 won by a verbal bulletin, which is a drug harmful to juveniles.

Summary of Evidence

1. Each legal statement of witness E and F;

1. D's self-written statements;

1. Investigation report (tobacco sales stores and photographs of a kind of tobacco);

1. Application of Acts and subordinate statutes to investigation reports (the relative investigation of the neighboring commercial building owner);

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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