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(영문) 의정부지방법원 2016.02.02 2015노2840
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding Defendant did not sell alcoholic beverages to juveniles, but brought juveniles to drinking in the Defendant’s cryp cooling house.

B. The sentence of the lower court (an amount of KRW 700,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the court below as a whole based on the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, the defendant did not verify the age for the juveniles as stated in the judgment below and sold the product harmful to juveniles, so the defendant's above assertion by the defendant is without merit.

Juveniles shall not take advantage of their direct alcoholic beverages;

The air conditioners that they go back are placed on the side of the kitchen which the defendant prepared.

Defendant is deemed to be bad in cooking food.

In addition, it is consistent with the empirical rule to examine the type and quantity of the goods brought about by juveniles, who are customers, such as Defendant’s main points at the time, including Defendant’s day-to-day behaviors, and only two tables among the two customers, and thus, the order was not sealed) when they turn out what they are in the cooling house, and if they turn out in the cooling house, it is in accord with the type and quantity of the goods brought to verify sales.

One of the juveniles' daily behaviors was confirmed by Defendant Handphones to check whether they will go to Defendant's business establishment in advance. This appears to have been an action to avoid identification cards inspection, etc., and in the absence of the intent of the juveniles to receive alcoholic beverages, it does not seem to have done the above action.

At the time of enforcement, the table table was set in small just and small just.

If the juveniles have stolen the following alcohol, they seem to have diced in the mebble or in the mebble, and they appear to have dice in the other cups. As above, they were dice on the table.

It seems that they did not seem to have been placed.

B. The defendant does not have any other criminal record except the record of suspended sentence regarding the unfair argument of sentencing.

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