(영문) 서울남부지방법원 2017.11.02 2017노687

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(영문) 서울남부지방법원 2017.11.02 2017노687

청소년보호법위반

Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was not guilty of selling alcoholic beverages to juveniles.

B. Each sentence of the lower judgment that was unfair in sentencing (No. 1: fine of KRW 1 million, and fine of KRW 500,000) is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the consolidation of each case of the judgment of the court below against which the defendant appealed, the crime of the first instance judgment against the defendant and the crime of the second instance judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and in such a case, one punishment shall be sentenced at the same time in accordance with Article 38 of the Criminal Act.

Therefore, the judgment of the court below is no longer maintained.

However, notwithstanding the above reasons for reversal ex officio, the defendant's assertion of mistake is still subject to a trial by this court, and this is examined below.

B. According to the evidence duly admitted and examined by the lower court on the part of the allegation of fact, the Defendant did not verify the actual age at the convenience store of this case by checking the Defendant’s identification card, etc. and sold to the Defendant, respectively, the juvenile D, E, and F, a juvenile, at the convenience store of this case.

Since the defendant made a statement, it is sufficiently recognized that the defendant has sold the harmful alcoholic beverages to juveniles.

The court below did not err by misapprehending the facts as alleged by the defendant and affecting the judgment.

3. As such, the Defendant’s assertion of misunderstanding of facts is without merit, but the judgment of the court below is without merit, and the judgment of the court below on the Defendant’s unfair argument of sentencing is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows.

[Grounds for the judgment to be used again] Summary of facts constituting an offense and evidence is recognized by the court.

참조조문

-형법 제38조

유사 판례

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-광주지방법원 2017.09.21 2017노1569

-광주지방법원 2016.05.04 2015노2468

-서울남부지방법원 2018.02.08 2017노1976