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(영문) 수원지방법원 2016.03.16 2015노4891
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is not guilty of violating the Juvenile Protection Act, since he/she trusted and sold the forged adult identification card presented by the juveniles.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous and adversely affected the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court as to the assertion of mistake of facts, the Defendant is recognized as having sold alcoholic beverages without verifying any identification card although the juveniles who entered the restaurant operated by the Defendant were aware of the fact as minors, and thus, this part of the Defendant’s assertion on a different premise is without merit.

1) Police and juveniles, who received 112 reports at the time of the instant case, were immediately accompanied to the earth to inspect the belongings, and the Defendant confirmed the result thereof.

The forged identification card was not found at all, and it seems that at the time the above juveniles had little time to conceal the identification card.

2) At the time the Defendant ordered an alcoholic beverage at a restaurant operated by the Defendant

E, F, and G: “The above restaurant was written or opened by the house which confirms the identification card among the sons, and the president of the restaurant was “Isn't have to do so,” and E was “Isn't Is't am. Is't am?”

No. 96, stating to the effect that “the above juveniles entered the match restaurant,” and such statements correspond alternatively to the above juveniles, and are mutually consistent from the investigative agency to the court of the court below, and there is credibility because it is difficult to find the motive of the above juveniles to make a false statement otherwise.

3) At the time, the above juveniles are included in the restaurant.

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