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(영문) 창원지방법원 2015.10.07 2015노1615
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. There is no fact that the Defendant, by mistake of facts, made the juveniles familiar with men and women in the DNA telecom that he operated (hereinafter “the instant telecom”).

The statements of E and F, which were familiar with the above Moel, are not reliable, and the remaining materials submitted are insufficient to recognize the defendant guilty.

Nevertheless, the judgment of the court below which recognized the defendant's violation of the Juvenile Protection Act was erroneous and adversely affected by the judgment.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 700,000) is too unreasonable.

2. Determination

A. The court below stated that "E, based on the evidence duly adopted and investigated, consistently with the following circumstances, i.e., from the police to the trial of the party, i.e., to the male who entered the instant telecom, asked 30,000 won at the same time, and did not request F to confirm the age of F or present his identification card to the second floor; ii) E stated that "E had a large number of the entrance photographs and the second floor corridor photographs presented by the first investigative agency in specifying the instant telecom; i.e., from the police to the convenience store; i., to the inside the instant telecom, the passenger was asked 30,00 won; and i.e., the passenger was released at the front of the instant bus terminal; and i., the passenger at the time, who had made a statement to the effect that he would be able to confuse with the sicom with the sicom in the front of the instant telecom terminal; and ii) he made a consistent statement to the effect that he would see the si.

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