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(영문) 광주지방법원 2014.04.02 2013노2818

청소년보호법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In determining the facts, the Defendant was aware that he was well aware of the fact that he was involved in the E-maring, and the Defendant was merely the guest room of the instant telecom, and the juvenile F and G were up to the nearest room by Defendant E. Thus, the Defendant did not know that he was well aware of the fact that he was well aware with E, and thus, the lower court erred by misapprehending the fact that he was guilty.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. In a case where there are circumstances to suspect that a juvenile is a juvenile through the appearance or screen of a person who intends to be well aware of the fact-finding on the assertion of mistake, the person who conducts the business should be allowed to be aware of the fact-finding only when it is confirmed by his/her identification card or other reliable methods and only if it is confirmed that he/she is not a juvenile. Therefore, if the above confirmation procedure is not followed, the person has an incomplete intention to be aware of

(See Supreme Court Decision 2001Do3295 delivered on August 21, 2001). Based on the above legal principle, the following circumstances acknowledged by the court below based on the evidence duly admitted and investigated by the court below, namely, (i) juvenile F and G moved to three floors through a regular telecom, via a parking lot, and (ii) the third floor of the 3rd floor to the guest room with E in the 503th floor. The ctV is installed in the instant telecom, which photographs the 5th floor with parking lot and 503 guest rooms, and the ctV, which has a parking lot and ctV, enter the ctv, E, F, and G enter the 503 guest room; and (iii) at the time of the Defendant’s entry, the ct and the 7th floor to confirm the entry of the parking lot and corridor are installed.