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(영문) 전주지방법원 2017.12.14 2017고단1911
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

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, on August 4, 2017, at around 23:50 on August 4, 2017, the Defendant provided 2 bottles who are harmful to juveniles without verifying the age, such as checking the resident registration certificate, to E and F, and provided 2 bottles who are harmful to juveniles. On August 9, 2017, around 22:30 on around 23:0, the Defendant provided 2 bottles who are harmful to juveniles without verifying the age, such as verifying the resident registration certificate to G, H and I who are juveniles in the above D, and provided 2 Byungs who are harmful to juveniles. At around 23:00 on the same day, the Defendant provided 1 Byung, C, and C, who are harmful to juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F, J and G;

1. Each report on investigation;

1. Application of each statute on photographs;

1. Article 58 subparagraph 3 of the Act on the Protection of Juveniles and Articles 28 (1) and 28 of the Act on the Protection of Juveniles and the Selection of Fines concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are the circumstances favorable to the defendant.

However, this case is an unfavorable circumstance to the defendant, such as that the defendant was punished for a fine of KRW 500,000 for the same crime in 2016.

The punishment as ordered shall be determined by taking into account all the circumstances prescribed in Article 51 of the Criminal Act.

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