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(영문) 서울서부지방법원 2016.11.24 2016노1048
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. Prior to the instant case, the Defendant inspected the identification card of G, H, and I, which was conducted by the Defendant’s restaurant in the operation of the Defendant, and the status card presented by him was confirmed to be adult, and the Defendant recognized that it was not a juvenile, and the Defendant sold the liquor, and the Defendant had no intention to sell the liquor to the juvenile at the time of the instant case.

Nevertheless, the lower court found the Defendant guilty of the facts charged.

B. Even if the facts charged of this case are found guilty, the sentence of the lower court (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s evidence duly adopted and examined, namely, ① the Defendant sold the subject matter without examining any identification card of one of the three persons G, H and I on the day of the instant case; ② the Defendant’s employees inspected the identification card of G, H and I before the instant case; and ② the Defendant alleged that he had been aware of the fact of being adult by stealing another person’s identification card; however, there was no objective evidence to acknowledge it; however, it is acknowledged that the Defendant had the intent to sell the subject matter to juveniles, at least, at the time of the instant case.

Therefore, the defendant's assertion of mistake is without merit.

B. We examine the judgment on the assertion of unfair sentencing. The crime of this case is a case where the defendant, the restaurant business owner, did not properly examine his identification card and sold liquor to juveniles only without the quality of the crime. However, on the other hand, the defendant seems to be in opposition to his mistake, and there is no criminal conviction against the defendant, and the defendant's age, career, character and conduct, and the defendant's age.

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