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(영문) 광주지방법원 장흥지원 2019.02.14 2019고단1
청소년보호법위반
Text

Defendant shall be punished by a fine of two 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 engages in food miscellaneous retail business with the trade name of "C" in Jeonnam-gu, Seoul Special Metropolitan City B.

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

"2019 Highest 1"

1. On October 14, 2018, at around 20:10, the Defendant received a telephone order from D (n, 15 years of age) from the juvenile, and was in the nearest area of the F elementary school located in Jeonnam-gun E, Jeonnam-gun, and received KRW 15,200.

2. On October 28, 2018, at around 15:20, the Defendant received a telephone order from G (n, 16 years of age) from the juvenile, and received the order from the said G, who was in front of the I restaurant located in H of Jeonnam-gun, Jeonnam-gun, and brought about 5 illness and 12,00 won to the said G.

Accordingly, the defendant sold alcoholic beverages, which are drugs harmful to juveniles, to juveniles twice.

Nevertheless, around 21:52 on October 12, 2018, the Defendant received a telephone order from the J(17 years of age) from a juvenile under the above C, and sold the five-year-old illness to the said J in the presence of the Halle-gun, Jeonnam-gun, Chungcheongnam-gun, and then sold the five-year-old illness at KRW 10,00 to the said J.

Summary of Evidence

2019 Highest 1

1. Defendant's legal statement;

1. Each police protocol of statement of D or G 2019 high-ranking2;

1. Defendant's legal statement;

1. Application of the police statement law to J

1. The Prosecutor stated applicable provisions of the Act on Criminal Crimes and Article 59 subparag. 6 of the Juvenile Protection Act in the case of the Highest 2019 Highest 1 case as “Article 58 subparag. 3 of the Juvenile Protection Act,” but it is obvious that the applicable provisions of the Act are clerical errors. As such, “Article 29 subparag. 6 of the Juvenile Protection Act” shall apply to the case of the Highest 2 case

§ 28.1. Selection of fine

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the most severe penalty) (the aggravation of concurrent crimes with the punishment stipulated in the Juvenile Protection Act of October 14, 2018);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The elements of sentencing on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, and the age, character and conduct, environment, and circumstances of the crime of the defendant.

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