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(영문) 청주지방법원 2018.04.24 2017고정789
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who operates Smarket in the trade name of "D" in the Chungcheong-gun C of the Chungcheongnam-do.

No person shall sell, lend, distribute, or provide free of charge drugs, etc. harmful to juveniles to juveniles.

Nevertheless, around 17:00 on July 22, 2017, the Defendant sold to E (17) and F (17) juveniles, a juvenile, the age of which was not verified accurately through identification cards, etc., and sold to 7 C and C) who are harmful drugs to juveniles at KRW 26,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Each letter of authorization of F and E;

1. Application of a receipt, a DNA statute

1. Article 59 of the relevant Act on the facts constituting an offense and Articles 59 subparagraph 6, 28 (1), 28 (1), subparagraph 4 (a) (i), and 2 (ii) of the Protection of Youths who have the option to impose a punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Judgment of not guilty under Article 334 (1) of the Criminal Procedure Act against the order of provisional payment;

1. Of the facts charged in the instant case, the summary of the violation of the Juvenile Protection Act by the Defendant on July 30, 2017 is a person who operates the Smarket in the name of “D” in the Chungcheong-gun C.

No person shall sell, lend, distribute, or provide free of charge drugs, etc. harmful to juveniles to juveniles.

Nevertheless, around 00 00:00 on July 30, 2017, the Defendant sold to G (n, 17 years of age) who is a juvenile harmful drug to 13,000 won, without accurately verifying the age through identification cards, etc., and selling to G(n, 17 years of age) who is a juvenile harmful drug.

2. The accused and the defense counsel denies the above charges from investigative agencies to this court.

The only direct evidence of the facts charged lies in G’s investigative agency and this court’s statement. The purport of the G is that “G would drink alcoholic beverages with friendship in “I” located in Chungcheongnam-gun H of Chungcheongbuk-gun, as the date and time indicated in the facts charged, at the shop near to the width of J, and that the prosecutor submitted different opinions.

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