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(영문) 대구지방법원 김천지원 2016.12.13 2016고정575
청소년보호법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “C” in Kimcheon-si B.

No one shall sell harmful drugs, etc. to juveniles to juveniles.

Nevertheless, around 21:00 on October 6, 2016, the Defendant provided 37,800 won of alcoholic beverage and alcohol to 37,800 won of alcoholic beverage and alcohol to 37,80 won of alcoholic beverage and alcohol to Da (18 years of age) and two other juveniles who have been customers.

Accordingly, the defendant sold harmful drugs to juveniles.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and D;

1. Application of Acts and subordinate statutes to a police report on internal investigation (in case of field photographs, in case of identification process);

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant’s economic reasons for sentencing under Article 334(1) of the Criminal Procedure Act are difficult, and the Defendant is deemed to have demanded to present identification cards to some juveniles at the time of committing the instant crime, but the above circumstances appear to have been determined by a fine in consideration of the first instance order’s purpose and content, etc. In light of the purpose of the Juvenile Protection Act and its contents, insofar as the Defendant neglected to verify the age and sold alcoholic beverages to juveniles, the nature of the relevant crime is light.

subsection (b) of this section.

In addition, the amount of fines in summary order is too high considering the overall circumstances such as equity of the statutory penalty, similar case, and the punishment imposed under the Juvenile Protection Act, the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Therefore, the punishment is determined as ordered.

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