A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[2013 Highest 2617] No person shall sell any harmful drug, such as tobacco, to juveniles.

Nevertheless, at around 20:10 on April 10, 2013, the Defendant sold to 2,700 won 1 A tobacco math, which is a juvenile harmful drug, without verifying the age of “D” operated by the Defendant in Bupyeong-gu Incheon, Incheon.

[2013 Highest 2913] On December 13, 2012, the Defendant sold one cigarette at 2,700 won, which is a drug harmful to juveniles, in the “D” operated by himself/herself in Bupyeong-gu Incheon Metropolitan City, which was operated by himself/herself in Bupyeong-gu, Incheon, without verifying the age to F (Nam, 15 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police station;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 58 applicable to criminal facts and the selection of punishment: Article 58 subparagraph 3 of the Juvenile Protection Act and Article 28 (1) of the same Act (Selection of Imprisonment with prison labor);

1. Aggravation of concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (the fact that the defendant acknowledges and reflects all the facts charged, and the circumstances, motive, etc. of the crime);