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(영문) 대구지방법원 김천지원 2016.11.29 2016고정557
청소년보호법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who works as an employee at a cafeteria located in Gumi-si B.

On September 19, 2016, no one had sold drugs harmful to juveniles to juveniles, etc., however, the Defendant sold alcoholic beverages (the total amount of 20,500 won per 3 illness and 1 calendar disease) that are harmful to juveniles without an identification card to juveniles D (the age of 16) at the immediately preceding business establishment around 20:30 on September 19, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements of D;

1. Police investigation report (field status, etc.);

1. Application of the receipt statute

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. Although it is recognized that the defendant was the first offender for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the amount of fine in the summary order is too high in light of the overall circumstances, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Therefore, the punishment is determined as ordered.

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