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(영문) 서울중앙지방법원 2016.10.13 2016노2355
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant merely sold skins to juveniles at the time and place stated in the facts charged, and did not sell so.

B. The sentence imposed by the court below on the defendant (the fine of 500,000 won) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts and the evidence duly admitted and investigated by the trial court, the Defendant may recognize the fact that the Defendant sold the lawsuit to the juveniles who are customers.

(1) A witness I makes a statement that the defendant has not verified his/her identification card, and that he/she has drinking alcohol by ordering the defendant.

Witness

G and E state that the defendant did not confirm his/her identification card, and the defendant dices alcohol after ordering alcohol.

In the end, all of the witnesses recognize the drinking, and they make a statement to the effect that they do not bring about the drinking and drinking arbitrarily.

(2) On-site photographs at the time of control, the disease, finite, finite, and finites shall be confirmed.

The defendant's assertion that juveniles who are customers have brought to the table table directly as well as the fluences in the cooling house without the consent of the defendant is difficult to understand.

③ There is a detailed statement that the Defendant sold two owners on the invoice issued on September 9, 2015, on September 04:13.

Therefore, the defendant's assertion of mistake is without merit.

B. The Defendant did not have any history of having been subject to heavy punishment exceeding the fine.

The defendant tried not to pay the food value to the juveniles, and the defendant reported 112 and controlled it.

However, the defendant has been punished for the same crime.

In light of the purpose of legislation of the Juvenile Protection Act, the accused's liability for selling liquor to the juveniles is not easy.

(b) other.

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