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(영문) 의정부지방법원 고양지원 2020.04.10 2020고정52
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 "C" in Gyeyang-gu Seoul Metropolitan City B.

No one shall sell, lend, distribute, or provide juveniles with, drugs harmful to juveniles, etc. free of charge.

Nevertheless, at around 23:00 on October 25, 2019, the Defendant violated the Juvenile Protection Act by selling five liquor-specifics, which are drugs harmful to juveniles, to three juveniles D(18 years of age) who entered the above restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of statutes on site photographs;

1. Article 59 of the Juvenile Protection Act and Articles 59 subparagraph 6 and 28 (1) of the same Act concerning criminal facts and the selection of fines;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: A fine not exceeding 20 million won;

2. Application of the sentencing criteria: The sentencing criteria shall not apply because of the choice of fines.

3. Considering that it is necessary to protect and relieve juveniles who have been sentenced to punishment from various harmful environments so that they can grow into a sound character, the Defendant’s liability for the crime of providing liquor to minors, such as the instant crime, is not easy.

However, the fact that the defendant stated that he is guilty of the facts charged, the defendant has been paying attention to the establishment of fingerprint recognition device, and the fact that he is not subject to imprisonment, etc. shall be actively considered in favorable circumstances for the defendant, and the punishment shall be determined as ordered in consideration of the age, character and conduct, health status, family relationship, means and result of the crime, various conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime.

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