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(영문) 광주지방법원 2013.09.13 2013노1315
청소년보호법위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment, since the F and G, which are minor of mistake of facts, merely entered the defendant's restaurant at the time of the completion of the drinking place of other daily behaviors, and the defendant did not sell drinking to the above juveniles.

B. In consideration of various circumstances on the Defendant’s grounds of unfair sentencing, the lower court’s punishment (fine of KRW 500,000) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, ① on March 29, 2012, F and G (K) had been engaged in “D” restaurants located in C when the defendant operated with E, L, and H around 00:0 to 01:00, and around March 29, 2012; ② one of the persons on the day was ordered to do so, and ② At the time, the defendant confirmed the identification card of E and L during the above day, but the other day was confirmed, but the defendant did not request the presentation of identification card by not later than 04:40 on the same day without considering the fact that the defendant sold a total of six soldiers from the day to the day of 04:40 on the same day, ③ F and G sold the cattle sold by the defendant, and the fact that the defendant was replaced by the defendant during the first day, but the possibility of being replaced by the defendant's adult E and adult E, other than the above one.

According to the above facts of recognition, the defendant can sufficiently recognize the fact that he sold alcoholic beverages to juvenile F and G, as shown in the judgment of the court below, so the defendant's assertion of mistake of facts is without merit.

B. The legislative intent of the Juvenile Protection Act that strictly prohibits the sale of alcoholic beverages to juveniles in order to ensure the sound growth of juveniles to decide on the assertion of unfair sentencing, and the business place selling alcoholic beverages.

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