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(영문) 부산지방법원 2018.07.19 2017고정2517
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No one shall sell drugs, etc. harmful to juveniles to juveniles.

On August 8, 2017, around 07:09, at the main point of "D" located in Busan-gu Busan-gu C, Busan-do, the Defendant sold 4 Byung-ju equivalent to 16,000 won to E (F students, 17 years of age) who entered the customer.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the receipt statute

1. In light of the pertinent legal provisions on criminal facts and Articles 59 subparag. 6 and 28(1) of the Act on the Protection of Juveniles who have the option of punishment, the phrase “Article 58 subparag. 3 of the Act on the Protection of Juveniles” in the applicable legal provisions of the indictment is apparent that it is a clerical error in the phrase “Article 59 subparag. 6 of the Act on the Protection of Juveniles,” and thus, it shall be corrected ex officio.

(Selection of Penalty)

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;

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