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(영문) 서울중앙지방법원 2013.03.14 2012고정6491
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant called “C” on the second floor of Jongno-gu Seoul Metropolitan Government.

No one shall sell, lend, or distribute to juveniles drugs harmful to juveniles.

[2012 High Court Decision 6491]

1. On August 14, 2012, around 21:15, the Defendant sold the aggregate amount of KRW 45,000 to D (n, 17 years of age) and E (n, 16 years of age) a juvenile, at the above place, to D (n, 17 years of age) and E (n, 16 years of age).

[2012 High Court Decision 6754]

2. On August 18, 2012, around 22:00, the Defendant sold the sum of KRW 40,000, totaling KRW 40,000, to the “F (16 years of age)” and “W (16 years of age)” and “W (16 years of age)”, which are drugs harmful to juveniles.

[2013 High Court Decision 116]

3. On October 13, 2012, around 21:10, the Defendant sold the sum of KRW 45,000, including 5 illness, 300c clocks, etc., and 45,000, to juveniles (n, 17 years of age) and I (n, 17 years of age) at the above place.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H and I;

1. Each person of D, E, G, and F;

1. A business notification certificate;

1. On-site photographs;

1. To apply investigation reports, hearing statements of witnesses, and application of statutes to criminal investigation reports, telephone communications of witnesses;

1. Article 59 subparagraph 6 of the Juvenile Protection Act, Article 28 (1) and subparagraph 4 (a) 1 of Article 2 of the Act on the Protection of Juveniles and Selection of each fine for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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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