(영문) 수원지방법원 2013.10.31 2013노2268 | 리걸엔진

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(영문) 수원지방법원 2013.10.31 2013노2268

청소년보호법위반

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that alcoholic beverages are sold to juveniles as stated in the facts charged.

B. The judgment of the court below on the imposition of an unreasonable sentencing (700,000 won of fine) is too unreasonable.

2. Determination:

A. There is evidence that conforms to the facts charged in this case's assertion of mistake of facts. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, the above E only has made a concrete statement at the time of purchasing alcoholic beverages, and its statement from the investigative agency to the court of the court below is consistent, the above E's residence is very close to the Schlage operated by the defendant, and the above E is a victim of sexual assault. Since the crime of this case was revealed in the course of investigating the above E as the victim, it does not appear that E has made a false statement, and considering that the above E does not seem to have any specific motive to make a false statement against the defendant, it is reasonable to find the defendant guilty of the facts charged in this case.

Meanwhile, according to the records, although it is recognized that the amount of KRW 17,00 paid to the defendant in purchasing alcoholic beverages as stated in the facts charged is more than the objective price of the relevant alcoholic beverage (the amount of KRW 5,500 per week, which is KRW 1,100 per week, KRW 5,500, KRW 4,500, KRW 100 in total, and KRW 10,000 in total) of the relevant alcoholic beverage, it would be difficult to eliminate the possibility that the above E’s memory with respect to it would not be accurate (see the court below’s testimony), and it is difficult to eliminate the possibility that the above E would offer a little amount of money than the market price while purchasing alcoholic beverages (see the court below’s testimony), such circumstance alone cannot be said to lack credibility.

Defendant’s assertion of mistake is difficult to accept.

B. Determination on the assertion of unfair sentencing

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