Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is a person who operates a virtual stand in front of Gangdong-gu Seoul Metropolitan Government.

On August 13, 2019, the Defendant received 4,500 won of “letype tobacco”, which is a juvenile harmful drug, from the sales stand, from C (the age of 14) on August 13, 2019.

Summary of Evidence

1. Of the first trial records, the Defendant’s partial statement, written statement, written statement, and written certificate of operator of the business facility C [the Defendant and his defense counsel] on the news report, the Defendant’s legal statement, written statement, and written statement of the witness C in the first trial records [the Defendant and his defense counsel] asserted that the Defendant did not sell the tobacco to C. However, the following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, C consistently stated that the Defendant purchased the tobacco from the Defendant; C is a minor who did not sell the tobacco; C is deemed to have been able to accurately memory the process or contents of the cigarette; C appears to have made a relatively accurate statement from the Defendant; C does not appear to have relatively specific memory and especially made a false statement; C does not appear to have any particular reason to make a false statement; while the Defendant’s sale of tobacco to a minor is unlawful, and thus, it does not admit that the Defendant sold the tobacco to C and the defense counsel’s allegation that part of the Defendant sold the tobacco to C, as the Defendant’s defense counsel did not apply to C’s sales and sales.

1. Article 59 subparagraph 6 of the Act on the Punishment of Crimes and Article 28 (1) of the Act on the Protection of Juveniles Eligible for the Selection of Punishment;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.