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(영문) 부산지방법원 2017.08.11 2017노2007

영유아보육법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of legal principles or misunderstanding of the contract price for the supply of teaching materials according to the consumer price determined by the company that supplies special activities teaching materials, the Defendant did not release the unit price for the teaching materials, and the Defendant’s receipt of certain money from the company that supplies the teaching materials received so-called rebates, which is paid part of the profits of the company that supplies the teaching materials in return for maintaining the transaction of supplying the teaching materials, and the Defendant cannot be punished by analogical interpretation of the Infant Care Act in a situation where there is no other provision prohibiting the offering of rebates in the operation of the childcare center, but the lower court convicted the Defendant of the instant facts charged.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. The lower court rejected the Defendant’s assertion in detail, on the ground that the Defendant alleged as the grounds for appeal of this case in the lower court’s determination as to the mistake of facts or misapprehension of legal doctrine, and on the ground that the lower court stated the Defendant’s assertion and its determination in detail under the title of “guilty grounds” in the judgment, the lower court’s determination is just and acceptable, and contrary to the records, the lower court erred by misapprehending the legal doctrine, or by misapprehending

subsection (b) of this section.

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

B. It is recognized that the defendant is the primary offender to determine the unfair argument of sentencing.

However, the crime of this case was committed by the Defendant, who is a child care center operator, by duplicating the unit price of the teaching materials for special activities in English by receiving teaching materials from the guardians of infants and receiving teaching materials in an unlawful manner, and the liability for the crime of this case is not easy, and the Defendant denies the crime, and the Defendant is illegitimate.