The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

No person shall sell, lend, distribute, or provide free of charge tobacco that is a drug harmful to juveniles to juveniles.

Nevertheless, on September 19, 2016, the Defendant sold to E (13) a kind of tobacco harmful to juveniles at KRW 4,500,00, which was a juvenile, who purchased tobacco in D Mart located in Daegu-gu, Daegu-gu, Daegu-gu, for KRW 20:30,00. On September 19, 201, the Defendant sold to the said E a kind of tobacco at KRW 4,50,00, at the same place around 17:00 of the same month.

Summary of Evidence

1. Legal statement of witness E;

1. Some statements made against the defendant during the police interrogation protocol;

1. As the Defendant and his defense counsel confirmed the identification card presented by E on September 19, 2016 (the other person’s identification card other than the juvenile) with respect to the Defendant and his defense counsel’s assertion on the investigation report (F telephone conversations for witnesses) and the E, the E was unaware of having become a juvenile.

The argument is asserted.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, namely, E’s age, and E’s statement that “the photograph of identification card was different from its face,” and the Defendant’s India’s investigative agency’s investigation, the Defendant stated that “E is so high as to present an identification card and during the attendance of a photograph and E”. In light of the fact that E is too difficult to view it as an adult, the Defendant did not take measures for age verification such as additional presentation of identification card and presentation of resident registration number, in addition to presentation of identification card, in light of the fact that E is a juvenile.

Recognized.

Therefore, we cannot accept the above argument of the defendant and defense counsel.

Application of Statutes

1. Article 58 of the relevant Act and Articles 58 subparagraph 3 and 28 (1) of the Juvenile Protection Act that choose the punishment for an offense;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.