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(영문) 수원지방법원 2015.11.18 2015노2241
청소년보호법위반
Text

The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

Reasons

1. In full view of the evidence submitted by the prosecutor, such as the F’s age, and field circumstances, the Defendant had dolusent intent to sell alcoholic beverages to juveniles, based on the following: G, which is an employee of the Defendant’s restaurant operated by the Defendant at the time, without verifying F’s identification card under the circumstances anticipated that F, would drink together with his/her daily drinking.

I would like to say.

However, the judgment of the court below which acquitted the charged facts of this case is erroneous by misunderstanding the facts or misunderstanding the legal principles.

2. An ex officio determination prosecutor added "Article 62 of the Juvenile Protection Act" to the applicable provisions of the Act of the accused in the trial, and the indictment No. 4 through No. 6 in the indictment were stated as follows. On October 26, 2014, at the above "Ecafeteria" around October 19:10, the defendant applied for amendments to the indictment with the content that "In the case of the defendant's business, G, an employee, sold 23,000 won, such as 1 illness, to three juvenile including the youth F (n, 16 years of age)," and since this court permitted this, the judgment of the court below was no longer maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act on the ground that the above ground for ex officio reversal is established, and it is again decided as follows.

Punishment of the crime

The defendant is a person who operates a general restaurant in the name of "E" on the D1st floor in Seongbuk-gu, Sungnam-si.

No one shall sell drugs harmful to juveniles, etc. to juveniles.

Nevertheless, at around 19:10 on October 26, 2014, the Defendant: (a) around 19:10, to a juvenile F, a juvenile F, an adult H, who was an employee of G, who was an employee of G, as a guest in connection with the Defendant’s business, (b) was the juvenile F at the time of the instant control, as well as F, H, and K’s restaurant operated by the Defendant.

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