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(영문) 창원지방법원 2017.06.15 2017노548
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, misunderstanding the facts, was 24 years old, and the appearance was shown to be adults, and did not verify the age of the Defendant, but did not run a business upon knowing that the Defendant was a juvenile.

B. The punishment of the lower judgment that was unfair in sentencing (700,000 won) 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, since the defendant did not verify the actual age by confirming his/her identification card and allowed the juvenile access to the juvenile establishment and the two-way sales are recognized, the court below did not err by misapprehending the facts as alleged by the defendant, thereby affecting the conclusion of the judgment.

B. The judgment of the court below is based on the following facts: (a) the defendant did not have the same criminal record; (b) the defendant did not have the reason to take into account the circumstances of the crime of this case, but there is a need to strictly punish juveniles since the act of selling alcohol to juveniles is likely to harm the health of juveniles and encourage escape and flight; (c) the court below mitigated the fine and there is no change of circumstances that may otherwise determine the defendant's age, sex, sex, environment, family relationship, economic situation, circumstances leading to the crime and motive; and (d) all other matters concerning the sentencing as indicated in the records and arguments of this case are considered to be appropriate, and therefore the defendant's assertion is without merit.

3. In 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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