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(영문) 서울동부지방법원 2017.08.24 2017노459
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who was aware of the fact, sold alcoholic beverages without knowing that he was a juvenile.

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

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the assertion of mistake of facts, the defendant can be found to have sold alcoholic beverages without verifying the identity card of the juveniles who appear at the age as a restaurant operator. According to the above findings, the defendant was not aware of the fact that he sold alcoholic beverages to juveniles.

It is reasonable to view it.

B. In light of the following: (a) the first offender without previous conviction; (b) the Defendant sold alcoholic beverages to juveniles two times in a short period; and (c) the Defendant’s age, sexual conduct, and environment, etc. during the instant pleadings, the lower court’s punishment cannot be deemed unfair because it is too unreasonable for the Defendant to take into account all the sentencing conditions indicated in the instant pleadings.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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