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(영문) 광주지방법원 2015.02.05 2014고정1871
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 food and miscellaneous retail stores in the trade name of "Dsper" in Gwangju North-gu C.

No person shall sell alcoholic beverages which are harmful drugs to juveniles under the age of 19.

Nevertheless, around August 29, 2014, the Defendant sold to E (the 17-year-old) juveniles for 5,200 won a week 4 soldiers and sold alcoholic beverages, which are harmful to juveniles, to juveniles.

Summary of Evidence

1. The application of the witness E, F, and G’s legal statement [ although the defendant alleged that he did not sell alcohol to E at the time, according to the witness E, F, and G’s consistent statement, the fact that the defendant sold 4 illness to E can be sufficiently recognized as facts constituting the crime in the judgment of the court]

1. Article 59 of the relevant Act on Criminal facts and Articles 59 subparagraph 6 and 28 (1) of the Protection of Juveniles Eligible for the Selection of Punishment;

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

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

1. It is recognized that circumstances such as the defendant's reasons for sentencing under the main sentence of Article 186 (1) of the Criminal Procedure Act bearing litigation costs have no specific criminal records other than three times before and after the punishment of this case, the defendant is the auditor with hearing disability of Grade III, and the defendant seems to have been under economic difficulties.

However, in light of the legislative intent of the Juvenile Protection Act to protect juveniles from various harmful environments, including harmful acts, so that juveniles grow into healthy character, the crime of this case is committed in the “Dus” where the Defendant was operated. It is all the circumstances that form the conditions for the sentencing specified in the pleadings of this case, such as equity in the punishment with others who committed the same kind of crime, the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime.

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