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(영문) 전주지방법원 2017.11.30 2017고단1987
청소년보호법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall sell drugs, etc. harmful to juveniles to juveniles, and anyone who intends to sell drugs harmful to juveniles shall verify the age of the other party.

Nevertheless, at around September 23, 2017, the Defendant provided 1 Byung-ju and 2 Macju, a juvenile harmful drug, without confirming the age of D, E, and F, at C main points operated by the Defendant, who was in the So-gu, So-gu, Young-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D, G, and E;

1. A report on internal investigation:

1. Application of field photographs and Acts and subordinate statutes on receipts;

1. Article 59 of the relevant Act and Articles 59 subparagraph 6 and 28 of the Juvenile Protection Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing) include: (a) the Defendant recognized the instant criminal facts; and (b) among the juveniles who sold alcoholic beverages, there are parts to be considered in the motive or circumstances of the crime by having forged identification cards; (c) considering the fact that the Defendant had already been punished five times for the same kind of crime, even if having already been punished by a fine, it is considered that the Defendant repeated again; and (d) taking account of all other circumstances prescribed in Article 51 of the Criminal Act into account, the sentence is determined as ordered

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