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(영문) 서울동부지방법원 2016.11.10 2016노904
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the defendant had confirmed identification cards at all times while operating a convenience store for mistake of facts, it is clear that he requested the juveniles of this case to present identification cards, and even if he had sold each tobacco upon confirmation of identification cards, the court below erred by misunderstanding the facts charged, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (700,000 won of fine) is too unreasonable.

2. Determination

A. In light of the legislative intent of the Juvenile Protection Act, if there are circumstances to suspect that a person who sells tobacco, which is a drug harmful to juveniles, is a juvenile by the appearance or rent of the person who intends to purchase the tobacco, he/she shall verify whether the person is a juvenile by his/her identification card or any other reliable method and sell the tobacco only if it is confirmed that the person is not a juvenile. According to the evidence duly adopted and investigated by the court below, the defendant can be acknowledged the fact that the defendant did not request a presentation of identification card on November 10, 201, and the defendant did not request a presentation of identification card to the juvenile E on November 26, 2014, because he/she did not request a presentation of identification card to the juvenile F, since each of the above juveniles was recognized as an adult.

The defendant's assertion of mistake cannot be accepted since he cannot be deemed to have fulfilled his duty of care to the extent that he attempted to verify his identification card.

(A) The defendant's assertion that the above juveniles are likely to produce forged identification cards is dependent on a vague trend, and thus, it shall not be accepted).

The amount of fine under the summary order shall be sentenced to the judgment on the assertion of unfair sentencing, the number of crimes in this case reaches twice, and considering the equity of punishment with the same kind of crime, etc.

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