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(영문) 대전지방법원 2017.02.15 2017고정21
화학물질관리법위반
Text

1. The defendant shall be punished by a fine of one million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates an electronic tobacco sales store with the trade name of "C" in Daejeon Pungdong-gu B.

The defendant on January 5, 2016 and the same year

2. 15.15.2

4. On 26. 26. At the above former tobacco sales store, 100 units of nicotine containing 54% of nicotine content (one total of 300 units of nicotine, one of 6,000 won per unit) were purchased from D “D”, and sold them to consumers by receiving an average of 17,000 won per unit, and selling them to consumers, and selling nicotine solution, which is a harmful chemical substance with more than 2% of nicotine content without obtaining permission for hazardous chemical business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the interrogation of suspects of E;

1. A report on internal investigation (verification, etc. of certified copies, etc. of the register of a juristic person for an illegal nicotine distributor), internal investigation report (No. 2015-206, Dec. 29, 2015), investigation report (limited to punishment for both nicotine-2% and nicotine-2% in excess of the Ministry of Environment’s chemical safety and working conditions);

1. Investigation reports (Submission of specifications of transactions with D), investigation reports (D search reports), investigation reports (Examination Reports by the National Institute of Scientific Investigation and Investigation (Evaluation Results by the National Institute of Scientific Investigation and Investigation); 38);

1. Protocol of seizure (Evidence No. 58);

1. Application of Acts and subordinate statutes to investigation reports (D) and response to appraisal;

1. Article 58 of the relevant Act and Articles 58 subparagraph 4 and 28 of the Chemicals Control Act concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The amount or value of nicotine solution sold by the defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is small by approximately 300,510,000 won;

subsection (b) of this section.

However, there are favorable circumstances for the defendant, such as the fact that the defendant is against himself, the fact that the defendant has suspended the control of electronic tobacco sales store selling more than 2% of nicotine content for the protection of tobacco farmers in the Ministry of Environment, and that the defendant is the first offender who has no criminal history.

These circumstances and other records and arguments, such as the defendant's age, sex, family relationship, environment, occupation, etc.

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