A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who operates the “C” in Mayang-gu B at the time of the Gyeonggi-do.

No one shall sell tobacco that is a drug harmful to juveniles or provide such tobacco to juveniles free of charge.

Around April 1, 2019, the Defendant sold 4,500 won of tobacco “franccor” and “mad-emitting 70,000 won, respectively, without checking the age of Da (14 years of age) and E (14 years of age) juveniles.

Around 10:00 on June 24, 2019, the Defendant sold the “Efraddar” tobacco, which is a drug harmful to juveniles, without verifying the age of “F” (the age of 16).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. A written statement;

1. Business registration certificate;

1. Application of Acts and subordinate statutes governing juvenileF face photographs;

1. Article 59 subparagraph 6 of Article 59, Article 28 (1), subparagraph 4 (a) 2 of Article 2, and Article 2 subparagraph 4 (a) of the Juvenile Protection Act and the choice of imprisonment, respectively, for the crime;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing in Article 62-2 of the Probation Criminal Act, the following circumstances and the Defendant’s age, character and conduct, growth process, environment, motive, means and consequence of the crime, and various factors of sentencing indicated in the arguments and records of the case, including the circumstances after the crime, shall be determined as ordered.

Unfavorable circumstances: The defendant has already been punished four times due to the same crime, but he also committed each crime of this case.

The favorable circumstances: The defendant seems to have a view to recognizing and opposing the crime.

There is no history that the defendant has been punished beyond a fine.