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(영문) 수원지방법원 2016.02.18 2015노3608
청소년보호법위반
Text

The defendant's appeal is dismissed.

All the costs of the trial by the original instance and the trial by the party shall be borne by the defendant.

Reasons

1. The summary of the grounds of appeal is as follows: (a) at the time of the instant case, the Defendant did not confirm the age of “E” and sold tobacco to juveniles, but at the time of the instant transfer on July 11, 2014, the Defendant: (b) confirmed the F (G) resident registration certificate that the Defendant offered by “E” and sold the tobacco to “E” after having affixed a photograph of the said resident registration certificate on the handphone; (c) due to the foregoing circumstances, the Defendant sold the tobacco of this case without having committed a violation of the Juvenile Protection Act; (d) however, the Defendant was guilty of the facts charged in the instant case on a different premise.

2. The defendant asserts the same grounds for appeal in the court below, and the court below rejected the above argument by stating in detail the defendant's argument and its judgment under the title "the judgment on the defendant's and his defense counsel's assertion". The court below's judgment is just and acceptable, and there is an error of law by misunderstanding the facts as alleged by the defendant and affecting the conclusion of the judgment, as alleged by the defendant.

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

3. In conclusion, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the Defendant’s appeal is without merit. It is determined as per Disposition by the Criminal Procedure Act on the ground that all the costs of the original judgment and the original judgment are to be borne by the Defendant pursuant to Articles 191(1), 190(1), and 186(1) main text of the Criminal Procedure Act (see, e.g., Supreme Court Decision 200Da364(1)).

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