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(영문) 의정부지방법원 2017.10.19 2017고정1854
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a "C" as well as a person who operates a "C" located in Council-Government B.

No person shall sell, lend, distribute, or provide free of charge drugs, etc. harmful to juveniles to juveniles.

Nevertheless, at around 02:00 on November 1, 2016, the Defendant sold alcoholic beverages and alcoholic beverages, which are juvenile harmful drugs, to 42,500 won, such as alcoholic beverages and alcoholic beverages, such as Category D (17 taxes) and Category D (17).

Summary of Evidence

1. Statement by the defendant in court;

1. Each reflective document drawn up by E, F, G, H, I, and J: copy of a business report certificate, a copy of a business registration certificate, a receipt, photograph, and on-site photograph;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 59 Subparag. 6 of the former Juvenile Protection Act (Amended by Act No. 14446, Dec. 20, 2016); Articles 28(1) and 28(1) of the same Act regarding criminal facts; the choice of fines

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are examined, and the fact that the defendant recognized the criminal facts of this case and reflected his mistake is recognized as favorable circumstances to the defendant.

However, in light of the content and method of the crime, the legislative intent of the Juvenile Protection Act, etc., the crime of this case where the defendant sold liquor to 5 juveniles without confirming identification card, has the record of being punished as imprisonment or a fine several times due to the crime of this kind, and the balance of general punishment in the same and similar cases, and other various circumstances, including the defendant's age, sex, conduct, intelligence and environment, motive, means and consequence of the crime of this case, the circumstances after the crime, criminal records, family relations, and economic circumstances, etc., which are the conditions for the punishment of this case, shall be determined as per the order.

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