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The part concerning Defendant A in the judgment of the court of first instance and the judgment of the court of second instance shall be reversed, respectively.
Defendant
A Fines 1,500.
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s violation of the Juvenile Protection Act, which was decided in the first instance judgment of Defendant A1, on February 26, 2016, the Defendant inspected the identification card against the customers entering the instant singing room, and confirmed that all of them were adults and sold alcoholic beverages. Since then, the Defendant joined the instant singing room and joined the said customers.
Therefore, there was no perception that the defendant would sell liquor to juveniles.
B) On March 20, 2016, the Defendant andO on the violation of the Juvenile Protection Act in the second instance judgment: (a) inspected identification cards against customers entering the instant singing room; (b) confirmed all of them as adults; and (c) sold alcoholic beverages. Since then, the Defendant joined the instant singing room with the instant juveniles and the said juveniles.
Therefore, there was no perception that the defendant would sell liquor to juveniles.
2) Each sentence sentenced by the lower court (the first sentence: the fine of KRW 700,00,000, the second sentence: the fine of KRW 1 million) is too unreasonable.
B. On March 20, 2016, Defendant A and the Defendant inspected the identification card against the customers who entered the instant singing room, and confirmed that all of them were adults and sold alcoholic beverages. Since then, the instant juveniles joined the instant singing room and consulted with the said customers.
Therefore, there was no perception that the defendant would sell liquor to juveniles.
2. Determination
A. Defendant A was sentenced to the judgment of the court below that held ex officio, and both Defendant A appealed from the judgment of the court below, and this court decided to consolidate the above two appeals cases.
Defendant
In accordance with Article 38(1) of the Criminal Act, each crime of the first and second judgment against A is a concurrent crime under the former part of Article 37 of the Criminal Act.