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(영문) 의정부지방법원 2018.02.22 2018고정22
담배사업법위반
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

A person who is not designated as a tobacco retailer shall not sell tobacco to consumers.

On September 1, 2017, the Defendant, even without being designated as a tobacco retailer, sold to 25,000 won a tobacco of “XREE XTRA” at around 19:20 on September 1, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, an accusation against and a request for correction of a violation of tobacco sales store of tobacco in the Namyang-si, and a statement made by the police against D;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 27-2 of the Act and Articles 27-2 and 12 (2) 1 and 12 of the Tobacco Business Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The rationale for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant’s acknowledgement of the criminal facts of this case and reflects his mistake, and the fact that there is no record of any special criminal punishment except for the punishment of a fine for gambling in around 1993 as a result of the crime of gambling, etc., are recognized as normal circumstances favorable to the Defendant.

However, the crime of this case where the defendant sold tobacco without being designated as a tobacco retailer is not less than the nature of the crime in light of the content and method of the crime, the balance of the general punishment in the same and similar cases, and other circumstances, including the defendant's age, sex, conduct, intelligence and environment, motive and circumstance of the crime of this case, means and consequence of the crime of this case, circumstances after the crime of this case, criminal records, family relations, economic circumstances, etc., shall be determined as per the order.

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