(영문) 청주지방법원 2013.09.27 2013노360 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2013.09.27 2013노360

청소년보호법위반

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s grounds of appeal 1) The Defendant’s wife, who was employed as an employee at the main point of this case’s allegation of misunderstanding of facts, confirmed the Defendant’s identity card against the juveniles, and in the process, all of the above juveniles submitted another’ identity card to the Defendant’s wife and the Defendant were bound to believe that the above juveniles are adults. However, the lower court erred in finding the Defendant guilty of the facts charged by misunderstanding of facts. 2) The lower court’s punishment (500,000 won of fine) on the ground of unfair sentencing is too unreasonable.

B. The Prosecutor’s grounds of appeal are too uncompared and unreasonable.

2. Determination

A. Examining the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below in light of the circumstances stated in the judgment of the court below as to the defendant's assertion of mistake of facts, the court below's fact-finding and judgment are justified, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the defendant in the judgment below.

1) The Defendant, who was examined by the police, stated that he was directly examined the Defendant’s identification card, but the court below reversed the Defendant’s statement by examining the Defendant’s blood card, and the defense counsel asserted that the Defendant’s father and wife might be punished for the reversal of the Defendant’s statement, and that the Defendant made a statement as if the Defendant personally inspected the Defendant’s blood card. However, if the Defendant’s father and wife or the Defendant actually inspected the said juvenile’s blood card, the above assertion is difficult to understand in that the Defendant’s father and wife did not have any reason to be punished. (2) At the time of the enforcement of the court below, the Defendant asked the Defendant’s blood card to check the Defendant’s blood card at the time of

유사 판례

-대전지방법원 2019.11.14 2019노366

-수원지방법원 2013.05.08 2013노651

-의정부지방법원 2015.09.08 2015노42

-의정부지방법원 고양지원 2015.11.20 2015고정888

-대구지방법원 2013.12.05 2013노2196