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(영문) 서울동부지방법원 2016.06.15 2015고정1613
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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 “D” convenience store in Gwangjin-gu Seoul.

1. On November 10, 2014, the Defendant, at the above convenience store around November 10, 2014, sold 7,900 won of Abrost tobacco 2A and Bobrost tobacco 1 A, which are juvenile harmful drugs.

2. On November 26, 2014, around November 26, 2014, the Defendant received KRW 2,500 from the “Juvenile” F (18) at the above convenience store around November 26, 2014, and sold three-wheeled tobacco to the drugs harmful to juveniles.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the police with regard to F;

1. The letter of designation as retailer and F (Juveniles) photograph (in accordance with the above evidence, it is recognized that the Defendant did not have any record of verifying the identification card of E and F, and thus, even if the Defendant had any record of verifying another person’s identification card or forged identification card presented by E and F, as long as the Defendant did not confirm the identity card of E and F, it is recognized that the Defendant had any negligence in relation to each of the crimes of this case at least for the Defendant’s negligence).

Application of Statutes

1. Article 59 Subparag. 6 of the former Juvenile Protection Act (Amended by Act No. 14067, Mar. 2, 2016); Articles 28(1) and 28(1) of the same Act regarding criminal facts; the choice of fines for negligence

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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