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(영문) 서울중앙지방법원 2014.07.03 2014노1426
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On each day of the judgment of the court below, the defendant had confirmed that he had already been adult as to one person during his work, and that one person means that he has a different kind of work, and he appears to be adultly. Thus, the defendant merely received an order and provided alcoholic beverages, and did not have the intention to sell alcoholic beverages to juveniles.

B. The lower court’s sentencing (one million won of fine) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts: (i) "Juvenile" means a person under the age of 19: (ii) "Juvenile" means a person who was excluded from January 1 of the year in which he turns 19 years old (Article 2 subparagraph 1 of the Juvenile Protection Act); and (iii) four persons who committed the crime of Article 1 in the judgment of the court below are clear that he was a juvenile at the time of committing the crime; (iv) the defendant did not verify the above four identification cards on the day; (ii) two persons (K, L among three persons who committed the crime of Article 2 in the judgment of the court below, among those who were 195 in the judgment of the court below, are over 19 years old; (iv) it is clear that he was a juvenile at the time of committing the crime; and (iv) the defendant also referred to the remaining two persons in the police as 19 years old and did not hear the fact that he provided his identity cards to the defendant 2, as he did not know that he was late 17 years old."

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