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(영문) 부산지방법원 2018.02.01 2017고정2147
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.

In particular, the facts charged in the instant case are that a juvenile sells tobacco under Article 2 subparag. 4 (a) (ii) of the Juvenile Protection Act, and it is clear that it constitutes “Article 58 subparag. 3 of the Juvenile Protection Act” rather than “Article 59 subparag. 6 of the Juvenile Protection Act” under Article 58 subparag. 6 of the Act applicable to the indictment, so ex officio changed into Article 59 subparag. 6 of the Juvenile Protection Act.

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

Nevertheless, around April 11, 2017, at the retail store of the mutual influorous tobacco in Busan-gu Busan-gu, the Defendant sold three persons, including D(13 tax) who are juveniles, to 4,500 won of the Red Franchis 1 A, which are harmful to juveniles.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Statement made by the police for E;

1. Written statements prepared D and F;

1. Application of Acts and subordinate statutes on internal investigation reports (such as shop photographs, 12 pages of investigation records), investigation reports (on-site photographs);

1. Article 59 of the relevant Act on the facts constituting an offense and Articles 59 subparagraph 6 and 28 (1) of the Act on the Protection of Juveniles Eligible for Punishment (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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