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(영문) 수원지방법원 2016.07.14 2015고정2728
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is a 'D convenience store' on the first floor of the C Building in Masung City.

No person shall sell drugs harmful to juveniles to juveniles.

Nevertheless, on April 23, 2015, the Defendant, at the above convenience store around 20:00, did not verify the age of juvenile E ( South, 17 years old) and received cash 4,500 won and sold African tobacco 1, a drug harmful to juveniles.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Entry of each part of the suspect examination protocol by the prosecution and the police concerning the accused;

1. Part of the statement made by the police against the defendant;

1. Statement made by the police for E;

1. E statements;

1. Reporting on occurrence (violation of the Juvenile Protection Act);

1. Application of Acts and subordinate statutes to report on investigation (referring to reporting on hearing testimony by a reference F phone);

1. Article 59 Subparag. 6 of the former Juvenile Protection Act (amended by Act No. 14067, Mar. 2, 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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant’s summary of the assertion was working at the convenience store as indicated in the judgment at night on April 23, 2015, but did not sell tobacco to the person who appears to be a juvenile, including E without an identification card inspection.

2. We examine the judgment, and the purport that the witness E’s legal statement is not well memory for a long time as a whole. However, the following circumstances acknowledged by the evidence as follows, namely, ① the juvenile E, during the police officer’s statement hearing of the police officer called out after receiving a report of 112 on April 24, 2015, that there was a vision for vision 00:20 on April 23, 2015, and ② E, from the male president, tobacco from the police officer of the above called out without conducting an identification card at around 20:00 on April 23, 2015.

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