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Reasons
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(영문) 서울남부지방법원 2012.11.19 2012고정3282
청소년보호법위반
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Defendant shall be punished by a fine of 300,000 won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates B convenience points in Yeongdeungpo-gu Seoul Metropolitan Government.

No one shall sell, lend or distribute drugs harmful to juveniles.

Nevertheless, on April 9, 2012, at the above convenience store around 18:59, the Defendant sold tobacco 1 A, which is a drug harmful to juveniles, to juveniles C (the age of 16) at 2,700 won.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Some statements in the suspect examination protocol of the accused;

1. C’s statement;

1. Application of the investigation report (specific suspect, such as the confirmation of CCTV against juveniles)-related Acts and subordinate statutes;

1. Article 51 subparagraph 8 of the Juvenile Protection Act and Article 26 (1) of the same Act concerning facts constituting an offense;

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant: (a) previously conducted a multiple number of identification cards to juvenile C before the instant case; (b) presented adult identification cards; and thus, (c) sold tobacco without conducting an identification card inspection at the time of the instant case; and (d) the Defendant asserts to the effect that C did not have awareness that it was a juvenile.

However, according to the witness C's statement, when the defendant requests C to present his/her identification card, C has been aware of his/her identification card, and returned to his/her match, and if he/she does not request the presentation of his/her identification card, he/she could purchase tobacco as it is. Ultimately, the defendant can be recognized as having no fact that he/she has received his/her adult identification card from C, so the defendant'

It is so decided as per Disposition for the above reasons.

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