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(영문) 서울중앙지방법원 2013.12.18 2013노3119
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the misunderstanding of facts, the Defendant only boarded at the back of the Oral Ba that A drives, on the ground that he drinked with A, and that A will go to F Station.

I start the Madaba Guide A began to spread the leaflet, and the defendant was immediately controlled by the police without any gaps in his speech.

There is no fact that the Defendant conspiredd with A to commit the instant crime, and there is no fact that he participated in the instant act.

Nevertheless, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of 800,000 won) is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts, the court below acknowledged the circumstances based on the evidence duly adopted and examined by the court below, i.e., ① the Defendant and A distribution of the advertisement site of the business establishment (tele number E) listed in the former part of the advertisement of this case even around January 2013, and ② The control police officer of this case H used the advertisement site of this case at the time of the instant control report in the form of Hatoba, and the Defendant distributed it to the back seat in the form of laba and harming the road by one laba. The Defendant stated that he was the Defendant who was on board the back seat; ③ the Defendant distributed the front seat directly by the Defendant who was on board the back seat; ③ the Defendant testified the witness of the trial court to this effect; but the Defendant testified to the same effect, it seems safe and more efficient distribution of the advertisement site to the back seat rather than the driver of the Obaba, and the credibility of the Defendant and the police officer’s statement in this case.

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