logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.01.26 2016노2564
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, prior to the date and time indicated in the instant facts charged, was aware that he was not a juvenile at the time when he confirmed the identification card of E and F.

B. The punishment sentenced by the lower court (the penalty amount of KRW 500,000) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant asserted the same purport in the lower court, and the lower court, in light of the circumstances acknowledged by the evidence adopted by the lower court, acknowledged that the Defendant, at the time, was aware of the fact that he had been aware of the fact E and F as a juvenile.

I explained that the defendant's argument was rejected.

Examining the reasoning of the judgment below in a thorough manner with the records, the above judgment of the court below is just and acceptable, and there is no error in the misapprehension of facts alleged by the defendant in the judgment below as to this part.

B. In full view of the various matters (such as the fact that there was a history of the suspension of indictment for a violation of the Juvenile Protection Act, and the process of selling alcoholic beverages to two juveniles) and the applicable sentences that are the conditions of the sentencing in the trial on the unfair argument of the sentencing, the judgment of the court below is deemed to belong within the reasonable scope of the discretion, and there is a change in the conditions of the sentencing when it comes to the trial of the party.

Considering the fact that the sentencing of the defendant is not visible, the sentence of the court below is too unreasonable because it is too unreasonable. Thus, the defendant's improper assertion of sentencing is also groundless.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

arrow