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Defendant shall be punished by a fine of KRW 500,000.
However, the execution of the above fine for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who operates a general restaurant in the Guri-si B by trade name.
No one shall sell drugs, etc. harmful to juveniles to juveniles.
Nevertheless, from 00:00 on November 1, 2019 to 02:00 on the same day, the Defendant sold the so-called “C” to D (n, 14 years of age) who is a juvenile harmful drug to D (n, 14 years of age) for the first time as a juvenile harmful drug.
Summary of Evidence
1. Partial statement of the defendant;
1. Written statements of D;
1. The defendant's report on detection [it is without merit that the defendant alleged that he sold so-called "act of selling alcohol to a juvenile" to an adult who is not a juvenile D, but an adult who sits in company with the defendant. However, according to the evidence duly adopted and investigated by this court, the juvenile D's motion was not made later, and it can be acknowledged that he had been in company with E after the order was made (see Supreme Court Decision 2001Do6032, Jan. 11, 2002). Thus, the defendant's assertion that he did not have intention to violate the Juvenile Protection Act. Further, although the defendant alleged that he did not have intention to violate the Juvenile Protection Act, the defendant did not confirm the identification card of the juvenile D, namely, the defendant did not confirm the identification card by the evidence duly adopted and investigated by this court, and even according to the defendant's argument, the juvenile D's face was not confirmed with D's face, and therefore, the defendant's above assertion is without merit in the application of the law].
1. Article 59 of the Juvenile Protection Act and Articles 59 subparagraph 6 and 28 (1) of the same Act concerning criminal facts and the selection of fines;
1. Article 62 (1) of the Criminal Act on the suspension of execution (in consideration of the fact that there are no past and criminal records, and that there are some reasons to consider the details of crimes);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;