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(영문) 의정부지방법원 2019.11.21 2019고정1390
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a “Catt” in South Korea-si B.

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

Nevertheless, at around 14:20 on August 5, 2019, the Defendant sold one cigarette, which is a harmful drug to juveniles, to 4,500 won, without confirming the age of D (Nam, 15 years old) from Maart.

Accordingly, the defendant did not confirm the age of the juvenile, and sold drugs harmful to juveniles.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to purchased tobacco photographs and CCTV-cape;

1. Article 59 of the Juvenile Protection Act and Articles 59 subparagraph 6 and 28 (1) of the same Act concerning criminal facts and the selection of fines;

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

1. The sentencing conditions specified in Article 334(1) of the Criminal Procedure Act, which include the following circumstances, shall be determined as ordered in consideration of all the sentencing conditions specified in the instant case.

The favorable circumstances: The defendant's act of this case is against the defendant's recognition of the crime of this case, and the circumstances unfavorable to the first offender: In light of the legislative intent of the Juvenile Protection Act, the crime of this case, which sold tobacco to D (Seoul and 15 years old), clearly that it is a minor, as shown in CCTV-cap photographs, is not easy to constitute the crime of this case.

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