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(영문) 서울북부지방법원 2019.01.24 2018노1592
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the fact that a person sells alcoholic beverages to three customers who entered a misunderstanding of facts is recognized, he/she was unaware of being a juvenile.

E and D provided alcoholic beverages because they have presented an adult identification card to the restaurant in this case, and the defendant clearly memorys the face of the above two persons (the above two persons' statements are not reliable), and the defendant did not have an intention to sell alcoholic beverages to juveniles.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below and the court of the first instance as to the assertion of mistake of facts were duly adopted and investigated by the court below, i.e., three persons (E, D, I) who entered the restaurant on the day of the instant case as a juvenile, and as at the time, I had a resident registration certificate of 1998 that they acquired, and E was unable to present an identification card, ii) these persons were called "I must have been inspected," "I have to confirm that I would have been inspected by the language system and identification card," and the defendant requested by J was "I would have been provided only to the main guest," and only I have presented the resident registration certificate obtained on the day of the instant case, iii) that I visited members and did not visit the restaurant on the day of the instant case, and the defendant could not have been identified, or could not have been identified on the day of the first visit or measure of the instant case."

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