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(영문) 창원지방법원 2018.05.10 2018노471
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts) is as follows: (a) minors only bring alcohol to minors who are aware of the Defendant; and (b) the Defendant did not sell alcohol to minors.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant is recognized as having sold alcoholic beverages to juveniles on September 17, 2017 and September 23, 2017 as stated in the lower judgment.

Therefore, the defendant's assertion of mistake is rejected.

A. On September 17, 2017, around 22:00 to 22:30 of the Defendant’s operation, juveniles Nonparty E, and three others: “Around September 17, 2017, the Defendant issued an order of Sininin and C, 2 Cin and C, 1 C, and C, without verifying the identification card, and the Defendant received the order “(Evidence No. 8-16 pages of evidence record),” and “E, bring alcohol to the Defendant’s side, and may directly bring alcohol, and directly bring alcohol.”

Around September 19:00 on September 23, 2017, “I et al., 47 pages) I and four other juveniles stated to the effect that “I will order Dumin and Pumin 2 C, C, and C, and Defendant will directly bring about alcohol without confirming his/her identification card (Evidence Record 59-74 pages),” and I stated that “I would like to gather where I will be located in a cooling and anywhere because I would bring about to the Defendant (Evidence Record 77 pages).”

At the time of crackdown on each violation of the Juvenile Protection Act, the Defendant prepared a written statement to the effect that “the Defendant provided an alcoholic beverage without confirming identification card” (the six pages, 57 pages of evidence), and the lower court also recognized all criminal facts.

(d)

After the police investigation, the Defendant asserted that “Juveniles bring about alcohol directly while cooking her skin” (Evidence Nos. 24-26 pages of evidence), but when examining the images of each control site, juveniles are finites and others.

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