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(영문) 울산지방법원 2017.01.05 2016노1664
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the case of F and E, the Defendant had visited the previous restaurant operated by the Defendant, and all adults have confirmed their identification cards. On the day of the instant case, H and G had presented another person’s identification cards, an adult, and sold alcohol by deeming that they were all adults. Thus, the Defendant did not have any intention to violate the Juvenile Protection Act.

B. The sentence of the lower court (an amount of KRW 3,00,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. The following circumstances revealed by the evidence duly adopted and examined by the lower court, namely, ① MaMa E and 3 others (hereinafter “E, etc.”) who ordered the Defendant’s restaurant’s restaurant 2 Abju 3 together with the Defendant’s restaurant 3 others (hereinafter “E, etc.”) were all juveniles of 16 years old at the time, and ② F, G, and H did not require an investigative agency to display their identification cards in compliance with the Defendant’s order since then to the lower court’s trial.

(3) If H and E were controlled by the police, the Defendant’s wife “pine” against H.

see that us shows his identification card in our test

Note Ra’ was a fluencing

The defendant did not examine the identification card in order to conceal the fact that E et al. merely belongs to age and drinks.

If a false statement was made, it would be difficult to explain the above specific situation. ④ The Defendant’s assertion was demanded to H, etc. to verify it, and it was confirmed that H, etc. believed to be an adult by showing another person’s identification card which is an adult, but the control police officer was easily confirmed that the identification card presented by H, etc. was not an individual’s identification card, and that the Defendant’s identification card was properly verified.

It is difficult to see that the Defendant did not confirm the identification card of F and E on the day of the instant case.

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