beta
(영문) 의정부지방법원 2014.12.19 2014노471

청소년보호법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal confirmed that, in case of two female customers, Q, an employee, is adults by confirming identification card, and the defendant did not provide alcoholic beverages to two male customers, and they voluntarily bring cattle to the cooling house, and thus, the defendant did not sell alcoholic beverages despite being aware that they were juveniles.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in misconception of facts.

2. The judgment of the defendant revealed that in the restaurant operated by the defendant, the field where the juveniles drink alcohol was discovered by the police officers belonging to the Gyeongginam Police Station, E, F, and G, which are the above juveniles, had been in the investigative agency and the court of original trial, and did not verify the identification card at the time. In addition, in the investigative agency and the court of original instance, H, P, J,O, L, and M ordered their alcohol and stated to the effect that the defendant did not confirm the identification card at the time. Q, which was employed by the defendant's restaurant, was ordered by two female guests on the day of this case in the court of original instance, when it was difficult to confirm the identification card at the time of the defendant's non-existence of the defendant's identification card at the court of original instance. Since they stated that there was no separate identification card from the defendant's previous customers, it is sufficiently recognized that Q had not been sold to the above juveniles on the day of this case.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.