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(영문) 제주지방법원 2016.05.25 2016고정105
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant of "2016 High 105" is a person who operates a danran bar in the trade name of "D" in Jeju Island.

The owner or employee of a business establishment prohibited from access by juveniles shall verify the age of persons who have access to the business establishment and prohibit juveniles from entering the business establishment, and no person shall sell drugs harmful to juveniles to juveniles.

Nevertheless, the Defendant, at around 00:20 on December 6, 2015, posted approximately 10 juveniles, such as E (18 years old), a juvenile, who had been a guest at the above dan, a business establishment prohibited from having access to juveniles, without verifying the age of about 10 juveniles, and sold approximately 50,000 won, which is a drug harmful to juveniles, to the above E, etc.

The defendant of "2016 Highly 239" is a person who operates a danran bar in the trade name of "D" in Jeju Island.

No one shall sell drugs harmful to juveniles to juveniles.

Nevertheless, at around 19:55 on January 9, 2016, the Defendant provided seven juveniles, such as F(F, 17 years of age) who were found to be customers in the above entertainment bar, with 7 drugs harmful to juveniles, and received 32,00 won in total, and sold them as harmful drugs to juveniles.

Summary of Evidence

"2016 High 105 High Doz.

1. Statement by the defendant in court;

1. 112 Report processing records, on-site photographs, written statements, and police statements of E "2016 High Court 239";

1. Statement by the defendant in court;

1. Written statements, related photographs, and business permission;

1. A protocol concerning the examination of the police officer in G;

1. Each police statement made with H and F;

1. Application of Acts and subordinate statutes on juvenile photographs;

1. Relevant legal provisions and the choice of punishment for a crime: Article 59 subparagraph 8 of the Juvenile Protection Act and Article 29 (2) of the same Act (a point of confirmation of the age of a juvenile), Article 59 subparagraph 6 of the same Act and Article 28 (1) of the same Act (a point of sale of alcoholic beverages to juveniles) of the same Act; the selection of each fine;

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

1. Attraction of a workhouse: Article 70(1) and (2) of the Criminal Act;

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