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(영문) 대전고등법원 2018.06.28 2018누10697
영업정지처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation of this case is the same as the reasoning of the judgment of the court of first instance, except for the addition of Paragraph (2). Thus, it shall be accepted as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

(2) The court below's findings of fact and determination of the first instance court are justified even if all evidence submitted to the court of first instance are examined, and the grounds alleged by the plaintiff in this court are not significantly different from the contents alleged by the plaintiff in the first instance court.

A. On the third side of the judgment of the court of first instance, “Identification Card” is added to “(the juvenile concerned presented another person’s identification card).”

In the third chapter of the judgment of the court of first instance, "Third, even if one of the juveniles has presented another person's identification card, the plaintiff seems to have been well aware of the fact that the sale of liquor to minors is prohibited and criminal liability can be followed if the violation is committed, and the plaintiff also argued that he/she provided education to ordinary employees. As such, he/she should have verified his/her identification card properly, and even if it was difficult to expect it until it is judged that it is not a juvenile's identification card, such circumstance alone does not exempt the other three persons from the obligation to verify his/her identification card.

On the third side of the judgment of the first instance, the phrase “the act of a network” in Part 14 shall be added to the phrase “the act of a network” next.

On the third side of the judgment of the first instance court, one person who confirmed his identification card during the 17th "the circumstances", presented another person's identification card, other juveniles were in the same way and was in cremation and uniforms, and juveniles were in the state of being taken, and it was anticipated that he confirmed his identification card at other main points.

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