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Defendant shall be punished by a fine of 2.4 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The Defendant is a person who operates a “C” restaurant located in Seoul Special Metropolitan City, Nowon-gu.
A. The Defendant violated the Food Sanitation Act, from around May 25, 2017 to around 05:5:50 on July 2017, 2017, with the trade name of “C” without reporting general restaurant business within Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, and operated a general restaurant business by cooking and selling 100,000 won per day average of 10,000 won to customers who have provided meals.
B. The Defendant violating the Juvenile Protection Act is the owner of the above C cafeteria, and no one may sell, lend, or distribute to juveniles drugs, etc. harmful to juveniles.
Nevertheless, at around 03:00 on July 07, 2017, the Defendant sold an amount equivalent to KRW 78,000,00 for the first week, 7 C, C, and C, and C, 1 C, 2, and C, 1, 2, and 1, 2, and 78,000, such as the first week, D (99) and two other drugs harmful to juveniles. At around 04:00 on the same day, the Defendant continuously sold E (01) and two other drugs harmful to juveniles without confirming the age as above.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement (D and three other persons), and a written statement of a person;
1. Application of statutes on site photographs;
1. Relevant legal provisions concerning facts constituting an offense, Article 97 subparagraph 1 of the Food Sanitation Act, Article 37 (4) of the Food Sanitation Act (the occupation of unreported restaurant business), Article 59 subparagraph 6 of the Juvenile Protection Act, Article 28 (1) of the Juvenile Protection Act (the occupation of juvenile liquor sales), and the selection of fines;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;