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(영문) 춘천지방법원 원주지원 2014.09.03 2014고단672
청소년보호법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. No person who violates the Juvenile Protection Act shall sell tobacco to juveniles;

Nevertheless, from April 2013 to July 2013, the Defendant sold tobacco equivalent to 2,700 won at the market price where the name of the product cannot be identified to F (18 years of age) who is a juvenile from the “Escir” located in “Escir” located in “Escira City” D.

From that time until April 5, 2014, the Defendant sold tobacco worth KRW 1,991,200 in total to juveniles over 652 times, as shown in the attached list of crimes.

2. A person who intends to operate a retail business of tobacco in violation of the Tobacco Business Act shall obtain designation as a retailer from the head of a Si/Gun/Gu having jurisdiction over the location of the place of business, and a person other than a retailer shall not sell tobacco

Nevertheless, without being designated as a retailer from the original state market, the Defendant sold tobacco to consumers from December 28, 2013 to April 5, 2014, as shown in No. 392 to No. 652 per annum of the List of Crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Each statement;

1. Application of Acts and subordinate statutes to a investigative report (or a relative investigation by a public official in charge of designating a retailer of knowledge and economy circles for prime viewing);

1. Subparagraph 6 of Article 59 of the Juvenile Protection Act and Article 28 (1) of the same Act (a point of sale of tobacco for juveniles), Article 27-2 (2) 1 and Article 12 (2) of the Tobacco Business Act (a point of sale of tobacco for juveniles, in general) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act

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