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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The defendant is a person who operates bus shocks and tobacco sales boxes managed by the Dobong-gu Seoul Metropolitan Government Job Economy Department located in the Dobong-gu Office, Dobong-gu.
1. No person who violates the Juvenile Protection Act shall sell to juveniles drugs harmful to juveniles;
Nevertheless, around 10:00 on October 26, 2013, the Defendant sold to 2,700 won 1 A tobacco (the “math-op range” indicated in the facts charged in the Mazboard) that is a drug harmful to juveniles without confirming identification card to D (the age of 17) as a juvenile at the above sales store.
2. No person, other than a retailer of tobacco in violation of the Tobacco Business Act, shall sell tobacco to consumers;
Nevertheless, the Defendant, without being designated as a tobacco retailer, sold tobacco in KRW 2,700, to D at the same time and place as that of paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. D's written statement on juvenile's pen;
1. The investigation report (as to the addition of the name of the crime)
1. Application of statutes on site photographs;
1. Subparagraph 6 of Article 59 of the Act on the Protection of Juveniles from Crimes, the main sentence of Article 28 (1) of the same Act, and subparagraph 1 of Article 27-3 and Article 12 (2) of the Tobacco Business Act (amended by Act No. 11461, Jan. 21, 2014);
1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment on a crime of violating the Juvenile Protection Act heavier than punishment);
1. Selection of an alternative fine for punishment;
1. Articles 70 and 69 (2) of the Criminal Act (the conversion of 50,000 won into one day) of the Criminal Act for the detention in a workhouse;
1. Article 59(1) of the Criminal Act (i.e., a suspended sentence: 500,000 won; 500,000 won with no record of crime; 20 years old; 3 years old; and 3 years old; and 4 years old; and