청소년보호법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is that E and F arbitrarily drinks alcoholic beverages in a cooling house, and the defendant has not provided alcoholic beverages to juveniles.
2. The lower court rendered ex officio determination that the Defendant was guilty of the facts charged of the instant case by regarding that the Defendant was deemed to have led to the confession of all the facts charged of the instant case.
According to the records, although the defendant made a statement that recognized the facts charged at the first trial date of the court below, the defendant's attorney at the court below applied for E as a witness and made a statement to the same effect as the juvenile's written opinion and last oral argument on June 29, 2017 on the ground that he drank alcohol without permission. This cannot be deemed to have led to the confession of facts charged at the court below, so the facts charged in this case does not fall under those subject to adjudication by a simplified trial.
Therefore, the judgment of the court below that the court decided to judge by simple procedure of trial pursuant to Article 286-3 of the Criminal Procedure Act is revoked, and the judgment of the court below is no longer maintained.
However, despite the above reasons for reversal of authority, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined.
3. The following circumstances acknowledged by the lower court’s judgment as to the Defendant’s assertion of mistake of facts and the evidence duly admitted and investigated by the first instance court (i.e., E/F) held that the Defendant’s employee would drink at the time of the instant case in the court of first instance on the ground that the Defendant’s employee would drink at the time of the instant case.
According to the field photographs (T&F No. 13 pages of the evidence record) attached to the Defendant’s written statement consistently, the E/F has been placed one-half a week on the table on which he / she sits, and there was one-half a week on the table below the table. ③ The instant case was discovered by the police officer dispatched to the site upon receipt of the report, and the employees of the Defendant or the Defendant are under the influence of E/F.