청소년보호법위반
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant did not know that E and F were juveniles at the time of committing the instant crime.
Nevertheless, the lower judgment that found the Defendant guilty of the facts charged of this case erred by misapprehending the legal doctrine.
B. The Defendant’s defense counsel, at the first trial date held on November 17, 2016, stated the grounds for appeal for the illegality of sentencing. However, since a notice of receipt of court records against the Defendant and his/her defense counsel was served on June 23, 2016 and June 29, 2016, the grounds for appeal were subsequently filed after the deadline for submitting an appeal. The grounds for appeal are not stated in the petition of appeal or the grounds for appeal, and thus, the sentencing cannot be deemed lawful grounds for appeal.
B. We examine ex officio the above unfair sentencing argument, and consider all of the sentencing factors in the records of this case and the trial process, including the contents and circumstances of the crime in this case, it does not seem that the sentence imposed by the court below was exceeded the scope of reasonable discretion or that it is improper because it was too excessive.
2. Determination
A. The lower court determined that the Defendant asserted the same purport as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion on the grounds delineated below.
The legislative purpose of the Juvenile Protection Act is to recognize the fact that the defendant did not confirm the identification card on the day of the instant case, and to grant the business owner and employees of the establishment prohibited from access to juveniles a very strict responsibility for not allowing access to the establishment or sale of drugs harmful to juveniles for the protection of juveniles. ② With respect to the persons who have access to the age group which is likely to be juveniles, the age of the subject is based on the resident registration certificate or evidence with public probative value of age to the same degree.