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(영문) 대구지방법원 김천지원 2015.11.12 2015고정334
청소년보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who operates a DNA set in the old and American City C.

No person shall sell drugs, etc. harmful to juveniles to juveniles.

Nevertheless, on April 29, 2015, the Defendant did not verify the age to E (16 years of age) a juvenile who found the Mat on April 29, 2015, and sold the amount equivalent to KRW 1 A. 4,500 of the Matblu, which is a drug harmful to juveniles, and 2) the same year.

5.3. At the same place as in the preceding paragraph, at the same time as in the preceding paragraph, sales amounting to 4,500 won per 1.5 metre of tobacco, which is drugs harmful to juveniles.

Summary of Evidence

1. The defendant's partial statement (if the person sells tobacco to E, the sale of which is the same as the case in its reasoning, the intention that E has different knowledge about the reduction of a juvenile);

1. The E’s statement [E is 16 years of age and was attending a middle school; E’s key was a small letter; E’s appearance and physical size shown in the photograph attached to the Defendant’s written statement; and E’s photograph and body size, etc. as indicated in the Defendant’s written statement, each crime is deemed to have been aware of the degree of the Defendant’s awareness that E was juvenile guidance at the time of each crime, based on the following facts: (a) in relation to the control authority, the interests between the business owner and the juvenile are not the same; (b) in relation to the convenience store transaction; and (c) inasmuch as the degree of the duty of care to confirm objective age, such as the demand for identification card, is not increased, it is reasonable to deem that the Defendant was aware that E was a juvenile guidance at the time of the crime).

1. Article 59 subparagraph 6 of the Juvenile Protection Act and Article 28 (1) of the same Act and the selection of fines for offenses;

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

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

1. It is wind that juveniles who are judged to have a intellectual disorder 3rd level and physical behavior disorder in Article 59(1) of the Criminal Code can grow down by deceiving their age, such as using a hemothic and seling voice.

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