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(영문) 서울서부지방법원 2013.11.07 2013노956
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defendant (e.g., a fine of three million won) by the court below is unreasonable.

2. The following facts are considered: (a) the Defendant led to the instant crime and recognized his mistake; (b) the Defendant did not have any other criminal records except for the punishment of a fine once due to the violation of the Food Sanitation Act; (c) the instant crime was committed on two occasions, by asking the date of birth to a high school student and a person who is composed of the first and the second and the second and the second young only, and selling jus, etc. without confirming the false date of birth more properly; (d) the act of selling alcoholic beverages without checking the age of the juvenile’s age is necessary to strictly punish the juvenile by exposing him to a harmful drug and hindering his sound growth; and (e) the juvenile’s act of selling alcoholic beverages at the time of the instant case is deemed to be detrimental to the juvenile’s sound growth; (e) the juvenile’s age from 15 to 17 years old; and (e) the Defendant’s new motive and condition of the instant crime did not appear to have been able to be considered in light of the following circumstances: (e) the Defendant’s new motive and circumstances after the Defendant’s statement or procedure of unreasonable sentencing.

3. Thus, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.

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