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(영문) 수원지방법원 성남지원 2014.11.18 2014고정1377
청소년보호법위반
Text

1. The defendant is not guilty. 2. The defendant will notify the defendant of the summary of the judgment.

Reasons

Around 17:00 on August 12, 2013, the Defendant provided the beer as a drug harmful to juveniles to the victim C (the age of 12) who is a juvenile, and distributed drugs harmful to juveniles to the juvenile, at the office operated by him/her (the age of 12) in Seongbuk-gu, Seongbuk-gu, Sungnam-gu. B.

Judgment

Article 28 (1) of the Juvenile Protection Act prohibits juveniles from selling, lending, distributing, or offering drugs harmful to juveniles free of charge, while Article 59 (6) of the same Act prohibits juveniles from selling, lending, distributing, or offering drugs harmful to juveniles free of charge, and Article 59 (6) of the same Act does not punish persons who sell, rent, distribute, or provide drugs harmful to juveniles free of charge.

The prosecutor prosecuted that the defendant's act of giving beer to the victim constitutes "distribution" of drugs harmful to juveniles.

However, the Juvenile Protection Act distinguishs the act of selling, lending, distributing, and providing drugs harmful to juveniles, and the prior meaning of "distribution" is clearly distinguishable from the act of widely dividing certain articles into many people, and it is clearly distinguishable from the act of providing a certain article. Thus, it is clear that the Defendant's act falls under the case of "providing drugs harmful to juveniles" and it does not constitute "distribution".

Therefore, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment is publicly announced under Article 58(2) of the Criminal

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