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(영문) 울산지방법원 2016.09.23 2016노560
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant: (a) confirmed all of the instant youth’s resident registration certificates found in his/her restaurant (hereinafter “instant youth”); and (b) stated that all of them were born in 1995; (c) the instant youth thought that they were adults and sold alcoholic beverages to them; and (d) even though he/she did not have any intention to sell alcoholic beverages to them at the time, the lower court erred by misapprehending the fact that the lower court found the Defendant guilty of the instant facts charged and adversely affected the conclusion of the judgment.

B. misunderstanding the legal principles, the Defendant, by checking all resident registration certificates of the instant juveniles, fulfilled his duty to verify the age as the owner of a business establishment prohibiting access by juveniles, and as a result, found the said resident registration certificates that the instant juveniles did not reach the age of majority.

Since no doubt was made at all, there was no obligation to take a separate additional age verification measure.

Nonetheless, the court below found the defendant guilty of the facts charged of this case on the ground that the defendant did not take any additional measures to confirm the age of the juvenile's resident registration certificate in addition to the confirmation of the defendant's resident registration certificate.

(c)

The punishment sentenced by the court below (the amount of 500,000 won) is too unreasonable.

2. Determination:

A. As to the assertion of misunderstanding of facts and legal principles, the lower court determined that ① the instant juveniles were consistently stated from the police to the court of the lower court that “the Defendant confirmed only the identification cards presented by K, which he was his driver, and did not verify his identification cards,” and the Defendant’s statements are not deemed to be credibility. ② On the other hand, the instant juveniles presented 190 student identification cards, whereas the instant juveniles presented 195 student identification cards.

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