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(영문) 인천지방법원 2014.11.06 2014고정3221
청소년보호법위반
Text

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

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 "D" in Yeonsu-gu Incheon Metropolitan City C.

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

Nevertheless, at around July 19, 2014, the Defendant sold three illnesss and three illnesss, which are drugs harmful to juveniles, to E (n, 97-years) and F (n, 98-years) in restaurants of the above D. D.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the control of public morals;

1. Article 59 subparag. 6 of the Act on the Protection of Juveniles and Articles 28(1) of the Act on the Protection of Juveniles from Crimes and Articles 59 subparag. 3 and 28(1) of the Act on the Selection of Penalties are written as “Article 58 subparag. 3 and Article 28(1) of the Juvenile Protection Act”. However, Article 58 subparag. 3 of the Act on the Protection of Juveniles from among cases where “in violation of Article 28(1), juveniles do not restrict the use of drugs, etc. harmful to the human body by causing dampness, toxicity, and resistantness, etc. by causing harmful effects to the human body, and if the use by juveniles is not restricted, it appears that the provision on the punishment is clearly erroneous, and the defendant recognizes the facts charged, and thus the applicable provisions of the Act are corrected without any substantive disadvantage to the defendant’s defense without any changes in the indictment.

Selection of Fines

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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