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(영문) 인천지방법원 2013.10.25 2013노2200
청소년보호법위반
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The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

Reasons

1. According to the summary of the grounds for appeal (public prosecutor) and the evidence submitted by the public prosecutor, it is acknowledged that the defendant provided alcoholic beverages to juveniles in the "D" operated by the defendant (hereinafter "the restaurant of this case"). Nevertheless, the judgment of the court below which acquitted the defendant of the facts charged of this case is erroneous in the misapprehension

2. Before determining the grounds for appeal by the Defendant’s ex officio, the Prosecutor applied for amendments to the indictment with the content that “F (96)” and “F (94)” among the facts charged in the instant case should be changed to “F (96 years old),” and the judgment of the court below cannot be maintained on the ground that the case was changed to F (96 years old) upon permission.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is decided as follows.

Punishment of the crime

The defendant is a person who operates the 'D' located in Bupyeong-si, Nowon-gu, Seoul, and even if the defendant did not provide alcoholic beverages to juveniles, the defendant did not take measures such as confirming identification cards to the F (years) who found customers within the 'D located in Seocheon-gu, Seocheon-si, Nowon-gu, Seoul' on November 3, 2012 and did not comply with the rules of compliance by selling the amount equivalent to 20,000 won, such as beer 1 illness, beer 1 disease, and so on.

Summary of Evidence

1. The defendant's oral statement in court;

1. Legal statement of witness F and G;

1. Each written statement made with respect to G and F prepared by the judicial police officer;

1. A written statement of G and F;

1. Application of statutes on site photographs;

1. Article 51 Subparag. 8 and Article 26(1) of the former Juvenile Protection Act (amended by Act No. 11673, Mar. 22, 2013); the selection of fines for criminal facts;

1. Penalty of one million won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day);

1. Article 59 of the Criminal Act of the Suspension of Sentence

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