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(영문) 창원지방법원 2015.04.23 2014노2975
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The court below found the Defendant guilty of the facts charged of this case on the premise that H is the actual manager of the convenience store in this case, and the Defendant is not the actual manager or the actual manager of the convenience store, despite the fact that he is not the actual manager, the court below found the Defendant guilty of the facts charged of this case on the ground that he was the actual manager. Even if the Defendant is the actual manager, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, even though the Defendant had exercised due care and supervision, such as sufficiently

2. Determination

A. We examine whether the Defendant is a real manager, and the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, the Defendant stated that the Defendant is the president who actually operates the convenience store of this case at the time of the police investigation, and the name of the business operator of the convenience store of this case was H, but H was born in 1944 and was under common treatment, and H was born in 200 and was under common treatment, and F, the former wife of the Defendant, was divorced from the Defendant, and the convenience store of this case was divided by division of property, see the evidence protocol 44 pages of the record. The convenience store of this case is now operated by the Defendant as a property division, and it is now stated that the change of the name was not made because the permission for tobacco sales in the existing convenience store can be revoked, and the employee D who sold alcoholic beverages also stated that “the Defendant and the Defendant are the actual manager of the convenience store of this case.” This part of the Defendant’s assertion is without merit.

B. On the screen of the computer monitoring based on which considerable attention and supervision has been calculated, the phrase of age limitation and identification is indicated on the screen of alcoholic beverage sales and the age verification through an identification card was given to D when selling alcoholic beverages, and thus, to juveniles.

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