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(영문) 서울동부지방법원 2018.10.25 2018노555
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts charged of this case in the absence of the fact that the defendant had sold alcoholic beverages to juveniles was erroneous.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. In addition to the following circumstances based on the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, namely, C and D, a juvenile who visited a business establishment operated by the Defendant, stated that all of the juveniles “the Defendant provided alcohol,” and the Defendant did not verify the identification card to the above juveniles, the Defendant provided the juvenile-harmful so that the juvenile-related alcoholic beverage was provided.

It is reasonable to see that the court below erred by mistake of facts.

Therefore, the defendant's above assertion is without merit.

B. According to the argument and record of the instant case’s determination of the unfair argument of sentencing, the lower court appears to have reasonably decided by fully considering the various sentencing grounds asserted by the Defendant, and there is no special circumstance to ex post facto change the sentencing.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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