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(영문) 춘천지방법원 속초지원 2013.08.21 2012고정197
청소년보호법위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

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

Nevertheless, at around 19:00 on June 22, 2012, the Defendant sold 15,000c 50c mpons in the aggregate of the market prices of drugs harmful to juveniles without checking the age of four persons, such as E (16 years of age) at the Dju shop operated by the Defendant in Gangwonyang-gun C, and without confirming the age of four persons, such as E (16 years of age).

Accordingly, the defendant sold drugs harmful to juveniles.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective legal statements of witness E and F to the Acts and subordinate statutes;

1. Article 51 Subparag. 8 of the Juvenile Protection Act and Article 26 (1) of the same Act concerning criminal facts and the selection of fines;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument was that E was a juvenile, and there was no intention to commit the crime.

2. The following circumstances acknowledged by the aforementioned evidence and other evidence, namely, the Defendant, as a business establishment dealing with drugs harmful to juveniles, has sold alcoholic beverages from around 2007, by means of verifying the age of the seller of alcoholic beverages through a certificate verifying the age, such as a resident registration certificate, etc., and the Defendant appears to have been well aware of the fact that the external appearance alone does not readily determine whether the Defendant was a juvenile. The Defendant resided in an adjacent area with a large of 5 years old population based on the date of the instant crime and the date of the instant crime, and during that period, the E or his family members frequently used the head office of the Defendant’s operation, ordering the delivery of food at home, or drinking food at the above head office.

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