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(영문) 울산지방법원 2018.10.05 2016노933 (2)
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, the Defendant, by presenting identification cards to E, verified that he was an adult and sold alcoholic beverages, did not have intention to violate the Juvenile Protection Act.

B. The sentence of the lower court (an amount of KRW 2,500,000) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. In light of the content and legislative purpose of the relevant legal principles, the proprietor or employee of a business establishment that sells harmful drugs, such as alcoholic beverages, imposes a very strict liability for not selling such drugs to juveniles, and barring any circumstances that make it difficult for the buyer to doubt as a juvenile from the objective point of view, the other party’s age should be confirmed based on resident registration certificate or evidence of public probative value of the age to the degree equivalent thereto, unless there are circumstances that make it difficult for the buyer to doubt as a juvenile.

If it is doubtful that the pictures and objects on the resident registration certificates presented by the subject are different from those on the resident registration certificates, the case where the juvenile demands the purchase of alcoholic beverages, which are harmful to the juvenile, in light of the fact that there are a lot of cases where the juvenile’s identity and age is reduced and the case where the juvenile requests the purchase of alcoholic beverages, which are harmful to the juvenile, is not significant, etc., the business owner is obligated to take additional age verification measures, such as making the photograph and objects on the resident registration certificates detailed comparison with the resident registration certificates, or posting the address and resident registration numbers on the resident registration certificates, and if the juvenile sells alcoholic beverages to the juvenile without taking such measures, it is acknowledged that the business owner and the employees of the business (see, e.g., Supreme Court Decision 2013Do85, Sept. 27, 2013). (b) In light of the above legal principles, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below and the trial court, i.g., CCTV presented by the accused, etc.

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