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(영문) 부산지방법원 2015.05.21 2014노3961
청소년보호법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B did not have the intent to commit a crime of violating the Juvenile Protection Act, since Defendant B demanded G and H to present identification cards and confirmed that he was adult and sold alcoholic beverages. Accordingly, Defendant B cannot be held liable to commit a crime of violating the Juvenile Protection Act against the Defendants.

B. Even if Defendant B had the intent to commit a crime of selling alcohol to juveniles, Defendant A is not subject to joint penal provisions of the main sentence of Article 62 of the Juvenile Protection Act, since Defendant A, from time to time, trained and warned employees to prevent such violation.

2. In light of the following facts and circumstances acknowledged by the court below and the court below’s duly admitted and investigated evidence as to the grounds for appeal in light of the aforementioned facts and the evidence duly admitted and investigated, the Defendants’ facts of violating the Juvenile Protection Act, such as the facts charged in the instant case

Therefore, the judgment of the court below which found the defendant guilty of the facts charged in this case against the same purport is just and it cannot be recognized that there is an error of mistake of facts as alleged by the defendants in the judgment below.

Therefore, the Defendants’ assertion is without merit.

First, in a restaurant operated by Defendant A, G and H consistently stated that they did not undergo an identification card inspection when they ordered alcohol in the original court.

The investigative agency also stated that “The defendant B was asked about whether he was not a student at the time of the order of alcohol,” and specifically stated that “I would like to see the degree of one illness per week, and present an identification card only when I would like to see that he was a driver in the surrounding area, and present another person’s identification card.”

Second, Defendant B had shown his resident registration certificate by questioning G and H about whether it is not a juvenile in the investigative agency, and only one of them had shown his identity card to the other person.

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