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(영문) 수원지방법원 평택지원 2014.11.28 2014고단1123
사문서위조등
Text

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

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

Reasons

Punishment of the crime

1. On July 11, 2014, the Defendant violated the Juvenile Protection Act, at around 04:30, the Defendant sold one disease, who is a drug harmful to juveniles, to a juvenile from the “E restaurant in Pyeongtaek-si D” to a juvenile, who worked as an employee, i.e., a juvenile from the “E restaurant in Pyeongtaek-si D,” without verifying the identification card to the F (the age of 17) and one other.

2. As seen above, the Defendant: (a) committed a crime of sale of drugs harmful to juveniles; and (b) prepared a written consent and a written statement at the Pyeongtaek-si Police Station H branch in Pyeongtaek-si around 05:29 on July 11, 2014, the Defendant forged a written consent and a written statement under one’s name, written as “I” in the signature column of the author of the written consent and written statement without authority, for the purpose of carrying out his/her friendly behavior into I; and (c) forged a written consent and a written statement under one’s name, which is a private document related to the certification of facts.

3. The Defendant, at the time and place specified in the foregoing paragraph 2, submitted to the police officer affiliated with the Pyeongtaek-gu Police Station, who was aware of the forgery, a written consent and a written statement forged as if they were a document duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of K, F, and L;

1. Written consent and a written statement (I);

1. Application of Acts and subordinate statutes concerning business reports and field photographs;

1. Article 231 of the Criminal Act applicable to the facts constituting an offense, Articles 234 and 231 of the Criminal Act, Article 59 subparagraph 6 of the Juvenile Protection Act and Article 28 (1) of the same Act (a point of selling drugs harmful to juveniles);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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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